ALTERNATIVE DISPUTE RESOLUTION, OR ADR, MEANS RESOLVING YOUR DISPUTE WITHOUT A TRIAL
Alternative Dispute Resolution (“ADR”) can be used anytime, even after litigation has started. Indeed, courts are routinely ordering ADR during the litigation process. Mr. Baum usually recommends starting with ADR early in the dispute resolution process so that the client can save the time, expense and agony of a litigation trial.
A LITIGATION TRIAL ATTORNEY WANTS TO AVOID LITIGATION?
That’s right — litigation lawyer Robert Baum wants to start with ADR in order to avoid any kind of litigation. His belief is that a dispute should not go to trial unless absolutely necessary, so Mr. Baum likes to begin with mediation whenever possible.
ADR can refer to any way of settling a dispute without a trial, but usually refers to mediation, arbitration, neutral fact-finding, neutral case evaluation and med-arb (a combination of mediation and arbitration). Also, there is a new form of ADR, called “Collaborative Law,” which is quickly being recognized as the best way of resolving many disputes.
THE ADVANTAGES TO ADR ARE NUMERIOUS:
- It is quicker than going through a trial, thereby reducing the stress and uncertainty that occurs during months and years of litigation.
- Dispute resolution usually costs less than litigation.
- It offers more certainty than litigation, because there are no appeals.
- It offers more flexibility in getting to resolution, because you set the rules.
- Any of the ADR processes can be confidential, unlike litigation where many private facts can become public information.
- Through alternative dispute resolution, you can address issues that a court cannot consider, and you can settle the case with creative solutions that the court on its own would not order.