Alternative dispute resolution tactics, such as mediation, often offer two parties an option to avoid litigation. If they cannot find a resolution, litigation may still be necessary, as they go to court and have a judge make a ruling. But ADR can sometimes streamline the process and keep the dispute out of court altogether.
One of the major benefits of ADR is that it allows the parties to maintain more control over the outcome. They are still in charge of finding a resolution themselves, understanding the unique details of the situation and the impact it will have. With litigation, once a judge issues a ruling, it can create a binding legal situation. Both parties may not always be happy with the outcome. ADR at least gives them a chance to have more of a say in the matter.
Compromise may be necessary
That being said, ADR does not always mean that each party gets the exact terms that they want. They often have to work together and compromise, trying to find a solution that will work for both sides.
A related benefit is that this can help protect the relationship between the two parties. Two business owners may find themselves in a dispute, for instance, and they know it needs a resolution. Litigation can be costly and public, potentially ruining any chance of working together in the future. But ADR can be cost-effective and private, and it can allow both sides to stay on good terms and continue the business relationship moving forward.
This process can be very complex, but there are certainly benefits to being able to maintain control of the outcome and keep the case out of court. Those who are interested in ADR need to know exactly what legal steps they can take.