Many people don’t realize that Alternate Dispute Resolution (ADR) originated in the 1960s when long delays in the court system created the need for expedited and cost-effective solutions. Dissatisfaction with the inefficiency of the courts made mediation and arbitration methods grow in popularity as viable alternatives for conflict resolution. Today, we are even more litigious than we were 60 years ago, so achieving settlements without court intervention is even more critical than it was back then.
But time and cost savings are not the only benefits of alternative dispute resolution. Continue reading to learn more, or click here for a video outlining 5 reasons to choose alternative dispute resolution over litigation.
Benefits of Mediation or Arbitration
Privacy
In a technologically driven world, privacy is of paramount importance. It is standard practice in the legal arena to keep records, and many court proceedings include transcripts that can often be easily accessed by the public. As a result, resolving disputes through the courts strips away privacy in sensitive matters including personal injury, medical malpractice, Surrogates court disputes, and more. Choosing to mediate or arbitrate in a neutral setting keeps private matters out of the public record.
Control
Choosing ADR also gives the parties more control. Once each party agrees to ADR, a neutral mediator or arbitrator is selected and agreed upon by the parties. You can choose from experienced former judges or practitioners who have earned the respect of their peers and cultivated a reputation for resolving cases swiftly, fairly, and effectively. Unlike the random assignment of judges in the court system, ADR allows litigants and their attorneys the control the choice of a competent and fair neutral party to bring about an expedited solution.
Accountability
Accountability in disputes is essential to a fair outcome. Parties feel bound to a decision if they have participated in the choice of the neutral and the forum and if they feel “heard and seen” in the process. Playing a role in the design of an amicable solution is often a rewarding experience for each side and can preserve relationships by working together to come to a resolution that works for both parties through alternative dispute resolution.
By the same token, neutrals not only have a duty to be competent and impartial but have an added financial incentive. Neutrals who are regarded as knowledgeable and fair to all parties and their counsel will be chosen more often to resolve disputes in their area. The success of an individual mediator or arbitrator is tied to his or her performance and a bad reputation can be career-ending.
Seeking out and choosing a well-qualified ADR firm can change the trajectory of what is often a negative experience in the traditional court system by providing the parties with more privacy, control, and accountability while reaching a fair and efficient resolution.
Look for a mediator or arbitrator from our panel.
Submit your request for mediation or arbitration here.