What is ADR and litigation?
Litigation refers to the process of preparing and presenting a case in court. Alternative dispute resolution (ADR) includes mediation and arbitration, processes which can take place either independently of the court system or during the course of the in-court litigation process.
What does ADR mean in legal terms?
alternative dispute resolution
The term alternative dispute resolution (ADR) means any procedure, agreed to by the parties of a dispute, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation.
What are litigation disputes?
Litigation is the Court method of resolving a dispute where a judge decides the case. Arbitration and mediation are both forms of Alternative Dispute Resolution (known as ‘ADR’).
Why is ADR preferred over litigation?
Because of its private nature, ADR affords parties the opportunity to exercise greater control over the way their dispute is resolved than would be the case in court litigation. In contrast to court litigation, the parties themselves may select the most appropriate decision-makers for their dispute.
Why is my case going to litigation?
The most common factors causing cases to go to trial is communication failure. The lawyer and client fails to communicate as to what can realistically be achieved at trial. The lawyer and client are not on the same page about expectation and possible jury verdict. Another factor is the low paying insurance company.
Is litigation a long process?
Litigation is the process of taking a dispute to a court of law. If parties cannot agree between themselves about the fair and proper outcome of a dispute they will present their respective cases to a court for its judgment. It is a broad term that describes a long and sometimes complex process.
When should you use ADR?
When should I use ADR? Whenever you can! The courts generally expect both parties to have at least considered ADR before starting court proceedings. Furthermore, ADR is typically much cheaper and faster than engaging in litigation and resorting to the courts.
Why to use ADR instead of litigation?
The reasons are clear to those who have tried it. ADR is faster, better and less expensive than litigation. It is faster because it avoids discovery and the long litigation process. It is better because it provides a choice of remedies.
What are the benefits of ADR versus litigation?
Confidential. ADR proceedings are usually private and confidential.
How does ADR compare to civil litigations?
An advantage of ADR is that it is less costly and less time consuming than civil litigation. Attorney’s fees, court costs, and numerous other financial burdens exist when parties involve themselves in litigation. On the other hand, ADR usually results in a less costly and swifter method of resolving a matter.
Is there role for lawyers in ADR?
If you’d like to settle a dispute without litigation, an alternative dispute resolution (ADR) lawyer can help. ADR lawyers use out-of-court processes like arbitration, mediation or mini-trials to resolve disputes. ADR methods can be effective in reducing the time, money, and adversarial nature associated with traditional court-based proceedings.