How Best To Resolve Disputes?
If the parties are being reasonable (which is not always the case), direct negotiation is, by far, the least expensive strategy to resolve a case.
Other Options
If direct negotiation fails, there exists another option, short of a formal lawsuit in court. You can proceed through mediation or arbitration, often called alternate dispute resolution, or ADR. These methods allow for a “tie breaker,” that is to say, the do not square off against each other, only. Rather, they talk about their dispute before a neutral arbiter who can offer suggestions and observations from experience, which can break a log jam or even render an opinion (via suggestion), or a binding decision.
These options include:
Mediation
Court Ordered Arbitration, (Federal)
Compulsory Arbitration (State)
Arbitration Clauses in Contracts
AAA Arbitration and other forms
In every instance, you need to know the costs, benefits and strategies involved.
Costs and Benefits
ADR works best when the parties are willing to negotiate but prefer to avoid interacting directly with each other or if they need an independent third party opinion about each sides’ position. But all tools have their limits. In some cases, ADR will actually increase your litigation costs unless you know how to streamline the process and avoid petty disputes over matters that are not important to either side.
Getting Full Value
Experienced counsel can advise you how to use the ARD process to your full advantage. It may be in your best interest to challenge the use of arbitration or mediation or, alternative, you may suggest it in certain cases.
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Arbitration | Mediation | AAA Arbitration | Advantages and Disadvantages | Agreement For ADR