WHAT IS ALTERNATIVE DISPUTE RESOLUTION (ADR)?
Alternative Dispute Resolution (ADR) is a private dispute resolution platform providing economical and more expeditious alternatives to the expensive, stressful, and time-consuming court system. ADR addresses civil disputes outside of the court system to settle the matter or provide a final judgment without appeal rights.
- A = Alternative = outside of the public court system
- D = Dispute = a civil dispute that can be remedied by the payment of money or enforcement of an obligation
- R = Resolution = By settlement or judgment without appeal rights
THE ADR PLATFORMS
With our society becoming increasingly technology-based, especially since Covid-19 where being in one another’s presence was to be avoided, ADR has upped its game by offering more and better platform choices. We now have rich online portals on which to work out our legal issues including:
- Automated Online Negotiation (AON)
- Mediation, Online or In-Person
- Arbitration, Online, In-Person or Document Only
???? Smart Cookie Tip: Automated Online Negotiation is like a game that doesn’t require much stratagem other than arriving at price points. It’s not heady, like Chess. It’s more like Bingo. When the numbers line up you’ve got a settlement. BINGO!
Let’s take a quick look at why these important alternatives emerged as answers to our struggling court system and its warrior demeanor.
This involves stepping into the House of Horrors which was most likely your forum before you decided to opt-out into ADR.
Upper Civil Courts = House of Horrors
PRIVATE ALTERNATIVE DISPUTE RESOLUTION v. tHE PUBLIC COURTs
You shuffle into a courtroom to occupy the plaintiff or defendant table (placed at floor level to trigger a feeling of intimidation), look up at a judge perched up above on a majestic throne, wearing a robe to signify his importance, and many jurors who avoided imprisonment by showing up (elevated above floor level), stared down by the bailiff with a gun (who somehow is missing in this drawing but is present in every courtroom), your every word typed by the court reporter at a very expensive price.
This is the way of the House of Horrors.
This scene, the culmination of years of attorneys and parties battling one another, is the trial of one case which began as a simple set of facts and through the Litigation Frenzy evolved into a drama of humungous proportions. And this may not be the last courtroom for this case as the parties have the right to appeal the result and move the case into yet another forum, the Court of Appeals, where it begins all over again.
ADR: RELIEF FROM THE HOUSE OF HORRORS
Alternative Dispute Resolution emerged to give disputing parties a new way to resolve their legal disputes. ADR provided much-needed relief from the outdated court system which had become excessively warlike, unreasonably expensive, unduly drawn out, and with highly unpredictable results.
The Litigation Frenzy of the court system was just the way it was as we let the courts drag us through its ridiculously slow, unbelievably complex maze. And then offered appeal rights so the saga could continue in yet another courtroom.
Don’t think court, think ADR
Now that ADR has evolved into a highly respected, innovative platform for legal disputes and one that can be accessed quickly and conveniently online, and without appeal rights, it should be the very first name that comes to mind when a legal dispute is on the horizon.
CONSENT IS REQUIRED to access Alternative Dispute Resolution
Your only job, then, is to convince your adversary to join you by sharing this information with them and inviting them to this website. When a person has the choice between expensive-stressful-complex in the House of Horrors and economical-easy-convenient ADR, the answer is obvious.
Not only this, but since ADR is a private venue of our choosing, outside of the public court system, customization options are endless. You can participate online and never leave home, limit their duration, and represent yourself when warranted, to name just a few.
Your mantra: It’s never too late … to mediate!
Your other mantra: Arbitrate instead of Litigate
CUSTOMIZING YOUR ADR PROCEEDING
Because Alternative Dispute Resolution is your own platform, you are in the Land of All-things-possible, well nearly all. In this freeform environment, unbound by rigid court rules, you can customize your proceedings.
This is probably the most important step you will take, aside from choosing Alternative Dispute Resolution, so take the time to streamline your dispute. For instance, you can agree:
- To first engage in Automated Online Negotiation
- To engage in Mediation before Arbitration
- The choice of Mediation or Arbitration provider
- The parties will be self-represented
- The proceedings will be limited in duration
- The choice of Arbitration proceedings as document only, entirely online, entirely in person, a hybrid
- The choice of Mediation proceedings as online, in-person, hybrid
- At Arbitration, the loser will pay the winner’s attorney fees and costs
- At Arbitration, there will be limited or no discovery
- And more
Don’t blindly walk into your proceedings without setting the stage with the many options available. If you already have an ADR agreement and it does not include these options, they can be added now if all parties agree. If you have an attorney, seriously discuss these options.
Remember your mantras
It’s never too late … to mediate!
Arbitrate instead of Litigate
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