- A,D.R. or ADR seeks an alternative to court litigation which is costly, prolonged, public, and adversarial.
- ADRs are designed to resolve a disagreement or dispute.
- ADR includes negotiation, mediation, arbitration, and collaborative law.
- Negotiations can be conducted face-to-face between the parties or with the assistance of a trained facilitator or lawyers.
- Mediation involves a third party often agreed to by the parties which may conduct a rights-based or an interest-based mediation.
- The goal of interest-based mediation is to reach a result in which each party is satisfied that its interests have been met. It’s a win-win situation.
- When a mutually acceptable resolution is reached some level of goodwill is likely maintained.
- Collaborative law involves parties who, together with their lawyers, agree to work towards a collaborative solution. If unsuccessful, the lawyers involved in the collaboration cannot act in litigation which may follow.
- Arbitration involves a third party acting as a “judge” who, after hearing both sides, makes a decision usually based on the respective legal rights of the parties.
- In an arbitration, the parties can agree on the arbitrator (judge) to hear the case and the process that will be used. It may be in person or virtual. It may allow for preliminary steps such as disclosure or examination (before the hearing) or it may eliminate some steps.
- The parties likely agree ahead of time that they will be bound by the arbitrator’s award (decision) which can be enforced like a court order.
This website and the companion website provide general information.
It is not legal advice. Copyrighted. Look to the book
Canadian Law and Business Studies for law information on 20 other legal topics: https://bit.ly/3Ay0lSR.