Complaints and charges often lead to administrative hearings and court trials. These legal proceedings are usually too complicated to be understood by people who do not have legal expertise. If you want to resolve things the easier way, you can opt to request an Alternative Dispute Resolution (ADR) to the other party. In this kind of approach to a case, an attorney knowledgeable about ADR should be by your side to guide you.

Before planning to submit an ADR, it would be beneficial to define the whole process first. As its name suggests, ADR is an alternative way to resolve a dispute in lieu of filing a lawsuit. This process may be conducted in several ways to persuade the other party to agree with your proposition.

The following are the different Alternative Dispute Resolution Methods

Arbitration This is similar to a court case. Instead of a judge, an arbitrator will examine the case through evidences and witnesses.

Mediation This is a more informal method where a mediator will bring the two opposite parties together. This is not compulsory, and can be done if both parties agree with it.

Expert Determination This method is done by an expert in the field. He will be the one to gather and analyze the evidences and details relevant to the case. After deciding which of the parties is in dispute, he will relay it to them with limited rights for appeal.

Arbitration and mediation are the two most commonly used methods in complaints. Expert determination, on the other hand, can be very complicated especially because appeals are not accepted. Your ADR lawyer will discuss with you the provisions of each method to determine which one to use in your case.

Like other lawsuit-resolving methods, ADR also has advantages and disadvantages. Make sure to understand each of them to maximize them for your benefit.

Advantages

The concerned parties have the control over the situation, not the court.

It is often easier, cheaper and more convenient than undergoing administrative hearings.

Unlike court hearings that are always documented, ADR can stay confidential.

Disadvantages

Although most ADR procedures are performed in a short span of time, some cases may still take several weeks or even months.

Both parties should pay for everything involved in the process, including arbitration rooms, the arbitrator, and even the transcript of the proceedings.

It can also be a delaying strategy of a party to discover more information and evidence against the disputed party that they can use in case the lawsuit proceeds to trial. To avoid such instances, either the defendant or the complainant should make sure that the ADR process is binding.

ADR methods only involve two parties in the lawsuit, unlike court proceedings that can include three or four parties with the same dispute against the defendant.

Now you know how ADR can affect the case, you can consult with your experienced attorney whether to use it or not.