The goal of Alternate Dispute Resolution (ADR) is to seek resolution of a dispute outside of the court system. The ADR process is cost effective, timely and confidential.
ADR processes include:
Mediation is a voluntary, cooperative approach to conflict resolution that brings disputants and a mediator together to reach a mutually satisfactory settlement. Mediators use principle-centered negotiation techniques that encourage a win-win resolution between the parties themselves.
Mediation can be used to resolve an array of disputes: commercial, family, insurance, labour, professional errors and omissions, and wrongful dismissal. For example, when parents separate, mediation helps them make decisions about the ongoing care of their children. It also helps parents to focus on their children's needs and to look at options they may not have considered.
Mediation offers privacy as proceedings are kept confidential while matters proceeding through court are on public record; and it is a more effective and economical way for disputants to resolve their legal issues.
Arbitration is the process by which parties can have their disputes determined usually in a private manner and generally in a much more time efficient manner than through the public court system. Like the court system, both parties have a full opportunity to present their side of the case and to challenge the other side and to have the issues determined by an independant adjudicator. Unlike the public court system, the arbitrator is chosen by the parties and paid for by the parties.
Collaborative Family Law:
With the relatively new dispute resolution process known as collaborative family law, both parties and their lawyers agree to negotiate a solution instead of going through the court system. If they fail to resolve the dispute, both parties must hire new lawyers and restart the process.
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