There has been an increasing use in recent years of Alternate Dispute Resolution (ADR) options to settle disputes that previously would have been litigated. This is particularly important in situations where the opposing parties wish to preserve their partnerships or business relationships after the issues have been resolved.
Why should you choose ADR?
The benefits of ADR are numerous. First of all, the expense is a fraction of the cost associated with litigating a dispute, which include attorney billing, the fees associated with numerous motions and discovery, as well as other court filings and appearances. Litigation is by nature contentious, with both sides having a tendency to dig in their heels the longer the process goes on. And of course, the longer the process, the more expensive it is.
There is more privacy and confidentiality in ADR cases. Where keeping the details of highly sensitive corporate information confidential is of paramount importance, the ADR option will provide a screen from the public eye that a public litigation cannot provide. This is of benefit to companies who wish to minimize future claims, especially in employment and discrimination settlements.
If preserving business or employer-employee relations is of vital interest to the parties in conflict, ADR is an invaluable and far superior way of resolving disputes. While litigation sometimes takes on an aggressive zero-sum stance, ADR seeks conflict resolution in which the needs and wishes of both sides is taken into account to lead to a settlement that is a win-win for all sides.
ADR in California
The California Courts advocate out-of-court options, as the judiciary branch in this state as well as across the country has become increasingly backlogged by numerous and often frivolous lawsuits. The main ADR types that are promoted are mediation, arbitration, neutral evaluation and settlement conferences.
ADR is a process that requires a neutral third party to negotiate with all sides, and listen to the grievances as well as the desired outcomes of each party in order to come to a resolution that benefits all. Choosing a skilled facilitator is arguably the most important part of the ADR process. Finding an experienced and neutral ADR attorney with a proven track record in Orange County will give all parties confidence in a fair and unbiased outcome to the process.