Alternative dispute resolution refers to the process of resolving any disagreements or misunderstandings between two or more parties without involving the regular arms of the law as is naturally expected to arbitrate on the matter. There are several forms of alternative dispute resolution mechanisms depending on the situation and the setup involved. The most common area that often calls for these methods is the domestic disagreements that take place.
There are very many instances that may require alternative dispute resolution (or ADR) even beyond the family or domestic setup. Companies or business partners often disagree over certain issues and may require the services of the same before resolving to go to the judicial authorities for final arbitration should their efforts at the alternative dispute resolution fail to bear fruit. There are also reasons that often lead people to try and resolve their disputes through the alternative dispute resolution and they are as many as they are variable.
For starters, the judicial process is a very serious one with far reaching implications. For example, if one partner accuses another of fraud in their joint business venture, alternative dispute resolution may come to an amicable resolution that could leave each partner feeling satisfied. However, if the same case was handled by the judicial authorities instead of an alternative dispute resolution team, one partner is likely to end up not only in jail but with a bad record that may definitely affect the perception of any other future partners.
Take a short time to think of the feeling you would have if you wanted to go into business with a prospective partner only to learn that he has had cases in court over some matters arising from situations with previous partners. You are most likely to shy away from engaging with such a person. It is important to also note that they may not necessarily have been guilty but the mere thought that he might get you entangled in legal battles scares a majority of people away. That is why alternative dispute resolution methods still remain a viable starting point. People should only proceed to court if they fail to reach an understanding through ADR.
Besides the advantage of resolving disputes in an amicable manner without risk of reprimanding from the authorities, alternative dispute resolution also tends to cost relatively less as compared to the judicial procedures. Think of the legal fees that people have to pay for cases that are handled by the main stream judiciary. It is on record that some cases have cost the complainants (the Plaintiffs), and even the respondents (Defendants) amounts into the millions, regardless of the final outcome. Rather than gamble with such huge amounts and lose, it is often better to opt for alternative dispute resolution.
The time that cases may take in a normal court can sometimes never be definite because the matter may keep stopping up with the lawyers trying to walk around in circles as they try to secure the interest of their clients. It can also be too protracted and if there are urgent matters that are impeded by the proceedings, it may as well end up in too many losses as opposed to the gains that would have been intended in the first place.
Alternative dispute resolution, on the other hand, can be very swift and to the point as long as the parties involved both understand the importance of cooperation on the matter. When matters are involving family members, the alternative dispute resolution mechanisms are always the best under any circumstances. Getting family members dragged into legal tussles that involve the judicial courts could only make the matters worse. That is why it is vital to try alternative dispute resolution methods first.
It should be noted that the courts are actually supposed to be a last resort when all parties do not seem to understand what is best or have conflicting interpretations of the situation. One thing that many people do not understand when getting involved with the courts to resolve disputes is that the court does not make any decisions on your behalf and it is never about the court against you as the complainant or plaintiff. Instead, it is still between you and the other party, and you have to present the same facts to support your arguments. The court makes a decision that will bind all of you whether you like it or not. Therefore, alternative dispute resolution should always be given the first priority.
On the other hand, there are always fees involved that one has to pay; Compared to civil court costs and hourly attorney's fees, the alternative dispute resolution costs are often considerably less. It is important to note that there are a number of organizations set up with the aim of providing alternative dispute resolution and it is always wise to try and check out an alternative dispute resolution body that all parties have some faith in to resolve the matters. The greatest thing that these bodies should always try to emphasize when handling any matter is the importance of satisfaction from all involved. The main cause of proceeding to courts after trying alternative dispute resolution is the lack of agreement to the resolution passed by the arbiter.
The above sentiments call for a tactful approach in the selection of the alternative dispute resolution body. Whoever you entrust with such an obligation should be professionally sound and qualified to handle the kind of dispute that you could be facing. If you have a divorce or separation dispute, for example, it would not make any sense to go to an alternative dispute resolution team that specializes in financial matters. Therefore you must know the areas of specialization of the alternative dispute resolution team that you choose to help you in resolving your problems.