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Today, in many civil actions, very few cases ever make it to trial. Instead, the parties oftentimes settle their disputes using various dispute resolution techniques to avoid the expense, delay and uncertainty of the justice system.
Alternative Dispute Resolution (“ADR”) involves the use of a neutral third party to facilitate settlement of a dispute outside of the traditional courtroom. Increasing, more and more, individuals and institutions see this as a viable and desirable option to the uncertainty of protracted litigation.
ADR often resolves disputes more quickly and efficiently because the parties can have more involvement and control over the process and outcome. ADR generally involves negotiation, mediation or arbitration. Negotiation allows the disputants themselves to reach a mutually acceptable agreement. Arbitration involves a third-party decision maker who can render a binding decision. Mediation falls somewhere in the middle of negotiation and arbitration by allowing a third party to try to arrange a settlement between the competing parties.
At Roach Bernard, our attorneys are committed to providing quality legal services to our clients without sacrificing cost-efficiency. Therefore, we encourage the use of ADR, where appropriate. The use of ADR as an effective and efficient method of resolving disputes should be considered as a practical alternative to more traditional litigation.