It is possible for people to disagree and get involved in conflicts that may require the intervention of another party for a solution to be found. Some people prefer court as a way of resolving the conflicts if they feel their situation requires legal interpretation. Also, people can also choose to solve their disputes outside the court. One way they can achieve this is by looking for alternative dispute resolution techniques. In this article, we will outline the reasons why one should choose alternative dispute resolution over the court process. Once you consider alternative dispute resolution, you will be protecting your privacy. You will find that ADR involves only the disagreeing parties and a mediator during the negotiation process as compared to the court process where both sides have to air their views in an open courtroom.
In a courtroom, everyone attending will get to know of every proceeding and even the private and confidential details. In an ADR setting, the mediator is well trained and is compelled by the relevant bodies to exercise privacy. In an ADR setting, both parties get to make the final decision as compared to a court process where a judge is left to decide for them. Here, the disagreeing parties discuss with the intervention of a mediator and come up with a decision that is fair to either side. This way, each party leaves satisfied as compared to a court process where the judge can be compromised to favor one side giving a biased judgment. This leads to dispute reoccurring again as one side was not happy with the judgment.
ADR setting gives both parties the chance to decide how the negotiation process will be conducted. Here, they get to decide on the negotiation dates, time and venue. They have full control as compared to a court process where you have to depend on a judge to dictate the direction the case will take. Also, ADR allows both parties to express themselves and open up completely. This is very important as the mediator will understand the dispute better and find a lasting solution. Also, opening up is a good thing as both parties will be able to heal much faster. With this, there is little chance that the same conflict will occur again as both parties were involved in making the finals decision.
An ADR setting is cheaper and fast as compared to a court process. You will find that court process involves a lot of documentation that can be costly. Also, there are court charges and penalties if you fail to comply with strict deadlines. If both parties have a lawyer representation, they are forced to pay them huge sums of money. Due to a large number of cases presented in a court, it may take even years before determination of your case is done. With ADR, both parties contribute to paying the mediator making the whole process cheaper. Also, there is no documentation required hence reducing the cost even further. A solution is found much faster as the mediator is able to concentrate on your case.