What You Need to Know About Alternative Dispute Resolution Types
Alternative dispute resolution offers an alternative for trials. Methods vary but aim to provide a more calm and discussion-based resolution opportunity. Here’s everything you need to know about the types of alternative dispute resolution.
Many alternatives to a court trial exist. Considering alternative dispute resolution may save you time and money and preserve relationships.
Mediation
The first type of alternative dispute resolution is mediation, the popular option across the United States. A neutral party, or mediator, facilitates discussion between parties in mediation. The discussion aims to reach a mutually acceptable resolution. The parties control the outcome, and the mediator helps guide the conversation.
Mediation best applies in two situations. First, if the parties want to preserve their relationship, mediation may be ideal because it offers a calm and slow-paced way to settle a dispute. Second, if emotions are causing the dispute to remain unsolved, mediation can help. A mediator can understand both sides and help to bring clarity to the situation.
Mediation may not be effective if parties are unwilling to compromise and communicate. Compromise and communication are essential qualities to making mediation work.
Related: Divorce Mediation in Georgia: The Ultimate Guide
Arbitration
The second type of alternative dispute resolution is arbitration. Arbitration involves a neutral person, known as an arbitrator, who hears both sides, considers evidence, and decides on the dispute’s outcome. Arbitration is more relaxed than a trial and gives each party a chance to be heard.
Arbitration may be a good option if individuals do not want the expense and timeline of a trial but would like an outside party to decide for them. The arbitrator often has years of experience, leading to a favorable dispute outcome.
Arbitration will not be ideal if parties want control over resolving the dispute. In this case, mediation may be a better choice.
Related: What Is Divorce Arbitration in California?
Neutral Evaluation
A neutral party, known as the evaluator, hears both parties’ views on the dispute in neutral evaluation. Using each party’s statements, the evaluator will discuss each side’s strengths and weaknesses with the parties. The individuals will use this advice to decide how to best resolve the dispute. The evaluator is highly knowledgeable on the issue(s) parties face in the dispute.
Neutral evaluation may be ideal when parties need expertise on specific issues. A neutral party who can give more detailed advice on particular issues may serve the feuding parties better. Neutral evaluation may not be beneficial when the dispute involves parties’ emotions, as it does not focus on emotional views.
Settlement Conferences
Settlement conferences can be voluntary or involuntary. A neutral party, either a judge or a court-appointed individual, hears both individuals’ and their attorneys’ cases. Similar to neutral evaluation, the neutral party would highlight the strengths and weaknesses of each party’s views to help the individuals make a decision. This option may not be suitable if parties do not want a formal feel.
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