It is no secret that the declining speed in which disputes are resolved through the court system is a huge issue. In many cases, motions and trials need to be booked many years in advance. This problem often referred to as a lack of access to justice is one of the biggest issues facing the legal system.
The main cause of this problem is that there are too many cases in the system at any given time. People will always have disputes that need to be resolved so there needs to be alternative ways to end these legal disputes outside of the court system.
This is where alternative dispute resolution comes in. The three primary methods of alternative dispute resolution (ADR) are:
- Negotiations between the parties at any stage of litigation for the purpose of an early resolution/settlement
- Mediation with a mediator, who is an independent professional and can help both parties reach an agreement by suggesting a settlement
- Arbitration with an arbitrator, who is a neutral professional, whose role is to hear the parties and make a final decision
Mediation and Arbitration support the overall resolution of disputes faster. Some of the benefits of Mediation and Arbitration are that the parties have the ability to choose a neutral forum and a neutral decision maker who may be an expert in the subject matter of the dispute. This allows the resolution of disputes in a timely and comprehensive way which allows the parties to avoid much of the delay often associated with going to court.
Mediation and Arbitration are not simple and can still ultimately cause a delay in litigation if unsuccessful. That is why we always recommend that parties allow our firm to represent them when using ADR options. If you would like to start or resolve a legal dispute, please give us a call so we can help you reach a resolution.
Ariel Dorfman, Associate Lawyer