Understanding Legal Definitions and Doctrines: Alternative Dispute Resolution

When we think of a wrongdoing that has been committed against ourselves or someone we know or love, often a single idea pops into our heads, the notion that we should sue or go to court as soon as possible. However, while legal action can often help us get resolution and retribution for a given event, it is not always the most effective legal way to resolve something. In fact, generally speaking, court cases are expensive, take a fairly long time to complete, and, even after all of the time and money has been invested, there is no particular guarantee that the eventual decision is going to make either party happy. Luckily, going to court is not the only way to resolve a dispute legally, and there are many other affective methods available.

These methods, which are known as Alternative Dispute Resolutions, make up a variety of methods and can often get two parties to resolve their differences far more quickly, much cheaper, and sometimes even more affective than litigation could do by itself. These methods can help to keep an embarrassing matter out of the public courtroom, and make sure that not too much time is wasted nor too much money spent for a matter that may not be that big of a deal in the first place. Although there are not specific set paths to alternative dispute resolution, generally speaking, we can list and describe the three basic methods that make up the process and the differences, benefits and costs that result between the three of them.

The first, and least complicated, alternative way to resolve a law suit is known as negotiation. Often, we may use the word negotiation to describe to people or two groups coming together to solve a problem, and it is no different when used in a legal sense. Essentially, both parties will meet up, sometimes with the aid of a lawyer or attorney and sometimes not. During the meeting, which is very informal, the two parties will attempt to come to some kind of agreement about the issue in question before it ever arrives at court. In fact, some states and courts make negotiation a mandatory step before trial in order to eliminate some of the backlog that comes with most court cases. However, if the two parties are not able to resolve their differences through negotiation, than the case may indeed have to go to trial.

Another alternative dispute resolution method is known as mediation. If negotiation is the most informal method of alternative dispute resolution, then mediation is one step higher up on the chain. During mediation, the two legal parties will select a neutral third party to help reach some kind of agreement. This mediator will have meetings with both parties and sessions will generally be held with both of the parties together. There are several reasons why mediation is preferred to actually taking the case to court. One such reason is that unlike court cases, which tend to stress the relationship between the two parties, alternative dispute resolution methods, such as mediation, make sure that a positive relationship is still possible, and both parties are able to come to an agreement, which is acceptable. In effect, there are no real losers in the case. Remember that a mediator does not necessarily have to be a lawyer or law related official. In fact, many people hire themselves out as professional mediators in order to help the two parties resolve their dispute. Of course, one of the key points here, and what separates mediation from arbitration (which is explored next) is that the mediator does not make the final decision. Although this right is sometimes given by agreement of both parties to the mediator, generally speaking, the mediator is only there to help discussions, the parties themselves must still make the final decision on how to handle the dispute.

The most formal, and most binding form of alternative dispute resolution is known as arbitration. Arbitration differs from the last two options discussed in several important ways. Namely, before arbitration begins, both parties sign a release stating that they agree to abide by the decision of the arbitrator. Then, during the procedure, the arbitrator acts much like a mediator, talking to both parties and sitting through group meetings. However, at the end, the arbitrator will make a decision, which is then legally binding for all parties involved.

Thus, even though we often think of a court case and trial as the first possible options when it comes to resolving a dispute, this does not always have to be the case. Most times, alternative dispute resolution, such as negotiation, mediation and arbitration can be quicker, more effective and generally work out better for both parties than a full blown court case or legal action. We do not often think of alternative dispute resolutions as an effective way to handle legal matters. However, if only for future reference, it is important that we keep this matter in mind and remember that there are many options outside of a court case to handle legal matters.