It occurs on a regular basis. A person finds out that he has been named as a defendant in a case and is required to appear in front of a judge in formal litigation. Regardless of the basis for the litigation, being compelled to appear in court as a defendant can be very daunting. Simply having to appear in court is never convenient for the defendant, even if the case will be dismissed. Litigation is time-consuming and can be very costly. Often, reconciliation is more easily achieved through alternative dispute resolution.
The term alternative dispute resolution (ADR) is used to describe various methods of resolving legal conflicts without the need for litigation. While litigation provides some benefits and is a sure way of solving disagreements, it’s not always the best solution to legal disputes. Arbitration, mediation, and other types of ADR for specific cases are new types of proceedings that have proved time-saving, money-saving, and beneficial for everyone involved in a dispute.
In arbitration, the parties in dispute sit down with a third party, known as the arbitrator, outside of the courtroom. The arguing parties may present evidence, call witnesses, and argue the merits of their case to an arbitrator, who acts as a neutral decision maker. After hearing the stories of both parties and examining the situation, the arbitrator determines an outcome as what he considers fair for both parties.
In the mediation process, there are three parties involved; the two arguing parties and a third party who facilitates discussions and keeps tension between the opposing parties from rising. Outside of a courtroom, the three parties sit down to discuss their legal disputes or disagreements and make an effort to resolve the legal conflict together without resorting to litigation.
The mediation’s third party, known as the mediator, doesn’t hold any bearing on the outcome of the alternative dispute resolution process. The purpose of the mediator is to help the two arguing parties communicate effectively and reach a voluntary settlement for the legal dispute.
Collaborative Divorce and Specialist Evaluations
Collaborative divorce is an alternative to the conventional divorce, which is highly confrontational. This option helps divorcing couples resolve their disputes without going to court, which is especially effective when there are children involved. Collaborative divorce is typically team-based approach. The process may involve divorce attorneys for both parties. A financial specialist, divorce coaches, and a child specialist may also be involved in the process. These professionals will serve as co-equal problem solvers.
The parties in the collaboration divorce process discuss legal matters, with the goal of reaching an agreement on delicate legal issues, such alimony, child custody, visitation, and property division.