Long court proceedings have given way to “Alternate Dispute Resolution” mechanism. In today’s competitive world, alternative out of court mechanism have gained tremendous popularity for settling legal disputes. Courts often require parties to pursue these alternatives before litigating. Out of court settlement may save time and money.
MediationIn mediation, a mediator conducts the process whereby the parties reach a mutual agreement to the resolve the dispute. The mediator is not a decision maker in the process, but provides assistance to the parties to communicate with one another to settle the dispute without going to trial.
ArbitrationAn "arbitrator" hears the arguments and considers the evidence produced by each side and then reaches to the decision. Arbitration does not follow the formal court rules of evidence.
Neutral EvaluationThis is conducted by an evaluator, who is a neutral party. After hearing each side’s case, the evaluator renders an opinion based on strengths and weakness of each party’s case, evidence, and arguments.
As the name suggests, Alternative Dispute Resolution is an alternative to litigation whereby the parties at odds agree to be bound by the decision of an independent and impartial third party. This procedure encourages parties to settle their dispute without going to trial, thereby saving time and money.
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