More and more people are availing of Alternative Dispute Resolution (ADR) to solve legal problems. These are the same problems that, a few years back, people would choose to litigate in court.
There are advantages you could get from mediation and arbitration services, which can help amicably solve problems faster and less painfully for both parties.
The Third Party
When going into ADR and engaging in mediation and arbitration services, there is the need for an attorney-neutral. These are neutral, third-party professionals who assist in mediating between the disputing parties.
These are usually lawyers who are experts about a specific topic. Authorities in employment and labor laws, probate and elder law, family law, class action, and workplace practices can acknowledge them as legitimate.
Benefits of Arbitration
There are advantages to arbitration and mediation. Arbitration and mediation are binding upon the parties concerned. Before they go into arbitration, they agree that they will follow the ruling. This also means that there is no prescribed appeals process.
The only way an appeal can occur is if there’s proof that the attorney-neutral was biased from the very beginning. The process requires an arbitrator who acts as both judge and jury. The process is less formal than a court hearing, and these are private proceedings.
The discussion and the result is not part of the public record. The whole process is also shorter, thus takes less time. Arbitration allows the disputing parties to agree on a decision that a judge may not make. There is more leeway in the arbitration, and the parties concerned can be in a win-win situation.
When two parties work together and understand that their dispute does not put any of them in an illegal position, then an arbitration or a mediation can be the best solution.
If there is the possibility that one of the parties has acted illegally or that the dispute leads to an irreconcilable discussion, the courts may be best. In most instances, when it can be to the advantage of both parties that they do not go to court, then arbitration is the answer.