Many disputes can be solved by having a neutral third party intervene as a facilitator and negotiator. Facilitated negotiation is at the core of most Alternative Dispute Resolution (ADR) processes. It encourages an exchange of information and resolution options. The interests and positions are defined and validated to craft a mutually agreeable compromise and settlement.
The Mediation process involves a series of joint sessions and private caucuses. Mediation is a very flexible process that can be effectively used at any time during the course of the dispute. Because the process is non-adversarial, there are numerous benefits over litigation in addition to saving time and money. The goal of Mediation is to amicably resolve a dispute through voluntary efforts of the parties. The role of the Mediator is to utilize patience, persuasion, and people skills to facilitate the dialogue in order to explore options and reach settlement. Mediation is a voluntary process.
When options are not easily forthcoming, the Mediator utilizes their experience and expertise to suggest possible outcomes. This process is referred to as Conciliation. Both Mediation and Conciliation allows the parties to maintain relationships and offers the greatest opportunity for creative problem solving.
Arbitration is the FINAL STEP BEFORE LITIGATION. It is an adversarial process where a neutral Arbitrator renders a decision, called an award, after there has been a presentation of evidence. Like a court trial, arbitration may include representation by legal counsel, pre-hearing discovery, written briefs, examination of witnesses and oral argument. Arbitration is a mandatory process where the Arbitrator's decision is final.
LITIGATION. Sometimes when negotiations and mediation do not provide desired outcomes. Litigation is the best action. We have trained attorneys to handle legal action and lawsuits.
For More Information regarding Alternative Dispute Resolution, please visit: www.adrfaq.com