Prior to looking at the advantages of non-litigious alternative dispute resolution services, it is best to consider the definition of alternative dispute resolution (ADR).  ADR is a process that seeks to use methods to resolve disputes without resorting to litigation. It consists of any means of settling disputes outside the courtroom, helping parties resolve their issues and reach an accord without the involvement of an often costly, time-consuming, and non-productive legal system.

What Are the Most Common Forms of Alternative Dispute Resolution Services?

Forms of ADR include conciliation, reconciliation, arbitration, and mediation.  The primary advantages of these methods, with respect to the benefits they provide which are not present in ligitation, are (1) cost; (2) speed/rate of resolution; (3) flexibility; (4) confidentiality, and (5) the parties can (and are encouraged to) participate in the process.

Advantage 1: Alternative Dispute Resolution Services are More Affordable Than Litigation

The example of the use of professional mediators is an excellent means of seeing the cost-advantage of alternative dispute resolution services.  Often, professional mediators charge an hourly rate and mediation can take just a few days to reach conclusion, saving the parties countless thousands of dollars (or more) with a result that is a win-win for both, or where both parties compromise and lose less than they otherwise would.   

Costly time away from work and associated travel, transportation and lodging is reduced, representing further savings, there is no discovery cost, and parties often both look to save money in the process.  Professional mediators have far less reputation for looking to extend the time of a mediation (unlike lawyers), precisely because they process is not binding unless the parties both make it so.  If the parties believe the mediator is somehow delaying the process, both can walk at little or minimal expense to either.

In addition, many of them are lawyers by trade and training and understand how to help the parties see the advantages of not getting into a protracted, lengthy trial or lawsuit.  They use this experience and motivation to keep the parties centered and on the short path to a resolution. 

Advantage 2: The Speediness of Alternative Dispute Resolution Services is a Primary Factor that Leads to Lower Costs

By all measures, the settlement of a legal dispute in the courtroom is extremely time consuming.  Cases can go on for years and court caseloads are impacted everywhere in the United States.  There is an unparalleled level of litigation and an overall litigious sentiment among parties who feel they have been damaged, and the methodologies which attorneys can employ to delay or spite their “opposing party” raise the costs of litigation, and raise them further.  The greater the number of delays, the greater the expense of suing someone or reaching resolution.  In the case of alternative dispute services like mediation, resolution can be reached in just a few days.  There is no comparison between the cost of determining an outcome using any method of ADR versus the cost of litigation.

Advantage 3: The Participation among parties in alternative dispute resolution services is conducive to a more desirable outcome accepted by both parties 

In ADR, the parties to the dispute are even able to help select the procedural rules which will apply to their dispute.  They do not give up the power to decide the outcome, or how their rights will be adjudicated, to another, leading to often unpredictable results.  In the case of mediation or arbitration, the parties select their arbitrator(s) or mediator(s). Parties can suggest possible means of resolving the dispute or mitigating, and can tell their side of the story without being cross-examined or attacked. 

Data has shown for years that this benefit is underestimated and is one of the core reasons why alternative dispute resolution services are so often successful in resolving what may seem like intractable disputes.   In addition, ADR proceedings are confidential and parties often are in situations, like in the case of construction dispute resolution, where they are motivated to resolve their differences and continue to work together on a project.  The conflictive nature of litigation makes this type of scenario nearly impossible.

Enjoy the Benefits of ADR by Hiring the Professional Mediators at Boileau Conflict Solutions

If you are facing a conflict that seems unresolvable and would like a free consultation on your case, contact Boileau Conflict Solutions today.  The team of professional mediators at Boileau live each day focusing on contributing to a more evolved, cooperative, and more peaceful process for the resolution of conflict and disagreement globally.

The professional mediators at Boileau Conflict Solutions are employ game theory, applied psychoanalysis, attachment theory and other important elements of conflict in order to bring you the best scientifically-based service one will find in the field today.  Contact us at BCS for a free consultation today.  We look forward to hearing more about your situation and helping to find a win-win constructive solution to any problem, no matter how bleak it may seem.