One of the common mistakes people make when dealing with legal matters is rushing into litigation without considering Alternative Dispute Resolution (ADR). ADR encompasses different methods such as formal and informal settlement conferences, mediation, arbitration, and conciliation.
Many of these methods involve a third party and can resolve issues between parties without involving the courts. ADR has many benefits over a court case, as listed below.
Confidentiality
By going the ADR route, you can keep your private matters private rather than bringing everything out in the courtroom. If your case goes to trial, it will be exposed to be public, as opposed to ADR, which involves much less people in comparison.
Saves time and money
One major upside to alternative dispute resolution is that it saves a lot of time and money for both parties. As long as both parties are willing to cooperate and come to a resolution, it is extremely likely that ADR will be much faster than a court resolution.
Waiting for your case to court can in itself take a longer time, as you are waiting in line for your trial to be heard. ADR in comparison depends on either parties’ availabilities, which is likely to be much faster to coordinate. Substantial financial costs will be saved with regards to fees that go towards the lawyer.
More control
By choosing ADR, both parties will have more control over the decision made. They will be able to choose the method of ADR that suits them, and depending on which, have the option to reach a resolution together rather than being sentenced to a course of action.
There is more control in ADR, as both parties can choose who the third party is, and also a date and time that suits them best.
Flexible
Alternative dispute resolution allows for more flexible outcomes than the typical court case. Through negotiation and being in a more intimate setting, it is easier to develop a resolution that is tailored to your situation.
A personalised outcome to the resolution can arise from ADR that would be less likely with a standard court sentencing. This can ultimately be a better result for both parties.
Negotiation
Choosing ADR over a court case indicates an attempt to compromise or at least cooperate on both parties’ side. Going this route rather than sitting through trial has the potential to encourage a better relationship between the two parties.