Not all legal disputes need to be brought to court. The number of cases filed in in the halls of justice is mounting by the day, and it takes a lot of time, money and effort from all parties involved to put the case to rest. One way to avoid the stress and costs of litigation is to always abide by the law and to avoid conflict with anyone. But if you ever come across one, you should try to resolve it by means of alternative dispute resolution.
Alternative Dispute Resolution or ADR refers to a number of ways to resolve a dispute without a lawsuit or a trial. These methods, which include negotiation, mediation, arbitration, and neutral evaluation, are effective and less costly. They work perfectly well especially if all parties involved in the conflict are keen on finding a resolution rather than wanting to see the other party suffer the consequences. It is wise to consider alternative methods of resolving any kind of disputes before filing a case in court. Here are the things you should consider before going through an ADR:
1. Your Needs, Interests and Goals
Before you present your case for resolution, you should first determine what you need to prioritize in wanting to have the case resolved. Are you more concerned about your relationship with your adversary? Or are you more concerned about the confidentiality and protection of your interests? You should clearly define this, including the costs, risks, time and stress involved should you take your case to the proper court.
2. Determine what resolution process is appropriate for your case.
For each type of dispute, there is always a dispute resolution method that can effectively bring you and the other party to an agreement. The factors you might need to consider when choosing a dispute resolution method include your financial capability, the cost of the case versus its value, and your relationship with the other party. You can refer this matter to an attorney to be able to get the best method in resolving your case.
3. Consider hiring a lawyer with ADR experience.
Agreeing to resolve a dispute through an alternative dispute resolution doesn't really need a lawyer, but it is always good to have one to ensure that your rights and interests are not compromised. When you are on your way to resolve a conflict through ADR, be sure to get a lawyer who has a good ADR background. Your attorney can help to make you and your adversary understand the situation, and he can suggest the best approach that can make both sides feel like a winner.
Just don't forget to let your lawyer know the facts surrounding your case. Resolving a conflict before it actually goes to court is the best way to avoid unnecessary expenses, stress, work disruptions, and relationship problems. You should reach out to your adversary to fix the conflict before it becomes a problem.
Not all legal conflicts need to be brought to court. You can actually solve them if you and the other party are looking at the same goal which to is to resolve the problem at the shortest time possible.
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Toby King is a legal consultant and associate, working for a prestigious law firm in Sydney. He provides expert advice on corporate and personal legal concerns like will disputes, property settlements and financial and accounting services.
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