About Disputes and ADR

 

ADR (Alternate Dispute Resolution) means applying or designing process alternatives in dispute resolution. Often parties prefer a means of resolving a dispute that avoids the rigidity and time and cost of litigation.  Most people prefer using a process that is flexible, quick to set up, private and less costly. In addition, people prefer informality and minimal time. A major factor is being able to revive or maintain relationships.  These are mixed goals typical of parties looking for a creative way to move forward and resolve the dispute.

A dispute in a commercial setting causes frustration, loss of time and opportunity, as well as the potential to lose or gain on the merits of the dispute.  A normal first step in resolving disputes is for the parties to deliberately try in a calm and logical way to identify what the core of the dispute is about and to really listen to the other party. If this does not work, the next best thing to do is not make the matter worse!

There are effective resources and choices available to provide many alternatives to resolve disputes.  The spectrum includes assisted negotiation, conciliation, mediation, arbitration and creative combinations such as med-arb.  Many times a process is a created to best suit the dispute, or the parties, or the time, or the budget.  In all cases an ADR professional is neutral, experienced, and attentive to providing an environment in which the cause of the dispute is thoroughly explored.  In arbitration the decision of the arbitrator is based on the submissions of the parties.

When you no longer make progress on resolving a dispute, call us for information and assistance. One of the services of AAOC is to assist parties by providing information about the dispute resolution options and getting all parties to the table.

It is normal to inquire about resources to resolve disputes in creative and effective ways. Your inquiries are always welcome. Contact us by email, telephone or fax.

 Posted by at 12:47 pm