Litigation refers to the process of preparing and presenting a case in court. Whereas, Alternative dispute resolution (ADR) includes processes such as mediation and arbitration. ADR procedures can be used either in conjunction with or in instead of the court process.
Because of its private nature, ADR allows parties to have more influence over how their disagreement is addressed than the court litigation procedures. Unlike the litigation procedures, the parties to a disagreement can choose the decision-maker for their ADR. Increased party autonomy can also help to speed up the litigation process by allowing the parties to collaborate to find the most efficient solutions. Because the parties can work together to find the most effective conflict resolution approach, more party autonomy can also speed up litigation operations. This can help you save money.
Furthermore, ADR proceedings are private, and the outcomes are kept private. It is important that you are informed of the various dispute resolution choices available so that you may select the approach that best suits your needs. The following are examples of common ADR proceedings:
· Mediation – In mediation, the parties make the final decision, which is not binding and allows the parties to pursue alternative avenues of redress if they are displeased with the outcome. Mediators often deal with issues including child custody, landlord-tenant disputes, and employment discrimination, among others.
· Arbitration – Although arbitration is sometimes considered as a simplified version of litigation, its evidence and procedural rules are not as complex, and its rules of evidence and procedure are less involved. In arbitration, the arbitrator makes the final decision, which is binding on both parties. However, unlike court verdicts, which can be appealed, arbitral awards are rarely appealed. Therefore, the arbitration wraps up your dispute resolution conclusively. Arbitrators frequently resolve conflicts in a variety of areas, including divorce, real estate, and insurance, and they frequently have experience in specific areas of law.
· Hybrid of Mediation and Arbitration: A hybrid mediation-arbitration process called med-arb combines the benefits of both techniques. In this approach, the parties work collectively with the mediator to resolve the issues or most of the issues. Often, this process turns into a successful mediation with no need for arbitration.
· However, if the parties have not reached agreement on some of the issues, then the matter would be arbitrated. For the arbitration process, the mediator can assume the role of an arbitrator and render a decision based on his/her understanding of the case from the mediation process. Note: the Med-Arb process is frequently utilized by Alberta Judges and Justices during Binding Judicial Disputes Resolution (BJDR).
· At times when the mediation process fails, then the parties can also appoint an independent binding arbitrator.
We, at Laws & Beyond, successfully handle both complex and high-value Alternative Dispute Resolution matters as well as low-value everyday concerns. We scope and price our job appropriately, ensuring that all concerns are handled efficiently.
Whatever the nature of the disagreement/dispute, our goal is to provide you with the most cost-effective and practical solutions possible.
Frequently Asked Questions
1. What is the difference between Litigation and ADR?
Litigation: The formal process of preparing and presenting a case in a public court.
ADR: Private processes like mediation and arbitration used to resolve disputes outside of the courtroom.
2. Why should I choose ADR over Court?
ADR offers several advantages:
Privacy: Proceedings and outcomes are kept confidential.
Control: Parties can choose their own decision-maker.
Efficiency: It is often faster and more cost-effective than litigation.
Autonomy: Parties have more influence over how their disagreement is addressed.
3. What is the difference between Mediation and Arbitration?
Mediation: The parties make the final decision. It is non-binding, meaning you can still go to court if you are unsatisfied.
Arbitration: An arbitrator makes the final decision. It is binding and rarely can be appealed, providing a conclusive end to the dispute.
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Do not hesitate to contact us for a consultation to discuss your matter. Call us at 403-300-5297 or email us at info@lawsnbeyond.com and we will provide you with the support you need.
