Alternative dispute resolution (ADR) is quickly becoming the preferred way to settle disagreements between two or more parties. ADR can work well for most business conflicts, breaches of contract and employment disputes.
As you may know, third-party neutrals or unbiased outsiders guide the ADR process, promoting constructive dialogue and helping the parties find common ground.
Third-party neutrals must have specific legal knowledge in matters requiring formal dispute resolution. For example, the arbitrator or mediator of an employment contract dispute should understand employment and contract laws alike. However, legal skills are not the only thing to look for when you need an outside party to help with a dispute.
What traits should mediators and arbitrators possess?
Not everyone has what it takes to remain neutral and objective about any given dispute. However, many professional neutrals develop this skill through training and education.
Other qualities to consider include the following:
- They should be ethical.
- They need to be patient.
- They need to be able to communicate well with others.
- They need to be skillful in redirecting unfocused participants.
- They should be able to explain the law and legal terms or phrases in a way the non-legal professionals can understand.
An effective third party can also create a comfortable environment for the parties during mediation and arbitration sessions.
Which ADR form should you choose?
It depends on your circumstances and the matter in question. A good way to determine how to proceed is to learn more about the rules that govern ADR procedures in Florida. A legal professional with experience in dispute resolution can guide your decision-making process.