Alternative dispute resolution methods provide an alternative to traditional litigation, often resulting in quicker, less expensive and more amicable resolutions to conflicts. Business owners tend to gravitate toward ADR to resolve business disputes.
Choosing the right ADR method depends on the specific circumstances of your case, as well as the desired outcome.
What’s the relationship between the parties?
If maintaining a positive relationship between the parties is crucial, you may want to choose a more collaborative ADR method, such as mediation, which can foster communication and understanding between the parties. On the other hand, if the relationship is already contentious, a more structured approach like arbitration might be more appropriate.
How much privacy is necessary?
If privacy is a concern, ADR methods like mediation and arbitration typically offer a higher level of confidentiality compared to court litigation, as the proceedings are not public and the details are generally kept confidential.
How much control should the parties have?
In mediation, the parties have more control over the process and the outcome, as they work together to reach a mutually acceptable resolution. In arbitration, an arbitrator makes a binding decision based on the evidence presented by both parties, providing less control for the disputing parties over the outcome.
Do you need a binding decision?
In arbitration, the arbitrator’s decision is usually binding and enforceable, similar to a court judgment. Mediation, on the other hand, typically results in a non-binding agreement between the parties. If you require a binding decision, arbitration may be more suitable.
By considering these factors and seeking professional advice, you can make an informed decision on the most suitable ADR method for your dispute, increasing the likelihood of a satisfactory resolution.