Alternative Dispute Resolution (ADR) / Mediation
"Alternative Dispute Resolution (ADR)," refers to resolving disputes in ways other than going to court.
People get involved in many types of disputes. You may choose one method to deal with a child custody dispute whereas an employment problem or a contractual dispute might call for something different.
Negotiation - People who disagree can often get together to discuss the problem and reach a mutual agreement. When people sort out a problem themselves, they can work out a solution that best meets their own needs and interests. Solving disputes through negotiation is a part of everyday life. A lawyer can help you fight for the best deal in the negotiations on your behalf.
Mediation - People involved in a dispute can ask a mediator, an unbiased and impartial third party, to assist them in their negotiations. Where negotiation has not been successful, the mediator can often help to ease tension and encourage discussion between the parties, facilitate the finding of a solution where everyone is satisfied with the result. Participation in mediation is mandatory in many cases. Some courts require that certain cases be referred to mediation before a trial can be scheduled. Either way, the mediator cannot force you to settle the dispute or to accept a particular solution.
A common reason for choosing mediation is that the mediator helps the parties reach an outcome that satisfies them rather than one aimed at proving right and wrong. Through mediation, parties are able to work together to reach a creative solution that might not be otherwise available in a formal court proceeding.
Situations that lend themselves well to mediation are certain family disputes, business disagreements, contract disputes, as well as employment and labour law issues, to name a few.
The fact is that most court actions settle before trial. Using ADR methods early can save time and money involved. But ADR works best when it’s early on in the dispute resolution process. As time goes by, it may become harder to agree on a solution that satisfies everyone. Each side will become convinced they are "right" and the other side is "wrong."
But negotiation or mediations are not suitable in all situations. If gender or cultural differences are involved or if there is such a clear inequality in bargaining power, or domestic abuse might be involved, the traditional Court proceedings might be a better way to resolve the disputes.
HTW Law can help. Call us now at 647-849-6582 or send us a message if you have some legal questions / inquiries or want to schedule an appointment with HTW Law.