Advantages and Disadvantages of Alternative Dispute Resolution
If you are facing a court case or are wondering about the different options you have available to you, you might be wondering how alternative dispute resolution (ADR) works and if it’s worth it. ADR is often used alongside or in place of litigation and usually comes in the form of mediation. If successful, it allows the involved parties to reach an agreement without having to go to court.
Advantages to ADR
The main advantage of arbitration is that you have much more flexibility when it comes to the procedure and discovery rules. You can also sometimes choose which rules you prefer to dispute and which ones you will allow.
Many people like the idea of ADR because it means you can select the arbitrator or mediator who you want to hear your case. You can purposely select someone who is very experienced in your case type and can be involved in your dispute.
The mediators don’t need to be attorneys if you prefer for them not to be. In litigation, on the other hand, a judge or jury has to be chosen and you don’t have a choice of who to pick. Juries might not even completely understand something and need an expert witness to explain something to them.
Speaking of juries, there are none in ADR cases. You don’t have to worry about the jury messing with your claims or awards.
It sometimes can be cheaper to go the ADR route rather than paying lawyer fees and commissions. This will depend on your mediator’s fees and your lawyer’s fees and how they compare.
Finally, taking the ADR route often means your claim gets resolved much quicker than in a trial.
Disadvantages of ADR
ADR decisions are final. This means you cannot file appeals, and, in most cases, mediators will not offer overrules or exceptions in decisions. If you decide to go the litigation route or go to trial, you will be able to appeal the decision should you get one that is not in your favor.
There are also limits on ADR awards. You may find that your injury claim is worth more than you can win through ADR. ADR awards can also only involve money; you will not be able to file for injunctions or for someone to stop behavior that is unwanted. Sometimes juries can give out more damages than what you would commonly see in an ADR situation.
There are also discovery file limitations when it comes to ADR. This makes it a little harder to obtain evidence against the other party. This can help or hurt your case, depending on the situation.
Finally, as mentioned, you have to pay mediation fees. The mediator will always ask for a fee. Most of the time the parties will agree to divide the fees among them.
Get Help with Your Legal Issue Now
If you are looking to go the route of alternative dispute resolution for your case or just want to explore your options, give Anderson & Anderson a call today at 813-251-0072. You can also fill out the contact form below. We can look at the details of your situation and help you decide which approach to take.
