Litigation (starting legal action and having your case heard in court) is only one way to resolve a dispute. You can settle your dispute with or without the involvement of lawyers and without using the court system. These methods are called “alternative dispute resolution”.
Alternative dispute resolution (ADR) refers to the various ways disputes are resolved outside the court system. While you may think that having a trial is the most common way to solve legal problems, a tiny percentage of cases go to trial. ADR allows people to settle their disputes in an informal, less expensive, and typically faster way than going to court. The parties in a legal dispute may enter into negotiations, which means that they have discussions, with or without lawyers, about how to resolve the dispute. The talks often result in an agreement between the parties and the matter is concluded.
Mediation is another process to help people resolve legal disputes without going to court. A mediator is a professional, independent (neutral), third party who listens to the concerns of each party in the conflict and helps them reach a satisfactory conclusion. The mediator is not a judge and will not impose a decision on the parties in the dispute.
Arbitration is a more formal way to resolve a dispute. The parties hire an arbitrator (a professional, neutral third party), who listens to the information provided by both parties and makes a decision about the dispute. Unlike a mediator, the arbitrator makes a decision, and the parties must accept it as final.
If you are managing a Family Law matter, Civil dispute, or Business conflict, it is advisable to consider all of your options at the outset of the issue.
Feel welcome to set up an appointment via thecontact page to discuss your options for resolution in person.