Key Resolutions | Key Results
WHAT IS ALTERNATIVE DISPUTE RESOLUTION?
Alternative Dispute Resolution is a centuries-old alternative to the traditional litigation based model of resolving disputes.
In the United States, Alternative Dispute Resolution pre-dates both the Declaration of Independence and the Constitution. Indeed, our first President, George Washington, included an arbitration clause in his will and Abraham Lincoln served as an arbitrator in real estate and land disputes.
Alternative Dispute Resolution received endorsement from the United States Supreme Court in 1854, when the Court upheld the right of an arbitrator to issue binding judgments. ADR became institutionalized in 1922 with the formation of The Arbitration Society of America, which enforced arbitration clauses in interstate contracts.
Since World War II, mediation and arbitration have been used as effective methods to settle disputes between parties without the need for commencing or furthering traditional litigation.
WHO IS USING ADR?
Individuals, professionals, businesses, and insurance companies are increasingly using alternative dispute resolution law firms as a faster, more cost-effective means to resolve disputes. Attorneys are using ADR as an efficient problem-solving resolution to their client's problems. Courts are progressively turning to ADR to deal with increasingly overcrowded dockets. Additionally, many contracts now stipulate that mediation or arbitration be used to resolve a dispute prior to litigation.
Choosing alternative dispute resolution law firms such as Capital District ADR, LLC to facilitate the mediation or arbitration of a dispute provides you with a different way to do things. Choosing a form of dispute resolution affords individuals and businesses numerous benefits, such as a means to:
- A cost-effective method of dispute resolution
- A private, confidential solution to your dispute
- Protect your industry-specific, operational data
- Avoid litigation-associated media exposure
- Resolve disputes in an expedited manner
- Greater procedural control of your dispute
- Preserve your family or business relationships
Mediation is a voluntary, confidential process of negotiation and conciliation that guides parties toward a mutually agreeable resolution of a claim or dispute, while preserving individual or business relationships. Mediations are non-binding and a mediator has no authority to impose or enforce an agreement or settlement.
Arbitration is the submission of a dispute or claim to one or more impartial arbitrators for a final and binding decision, known as an award. Arbitrations often include the exchange of information and documents, hearings, post-hearing submissions, and awards. Awards are made in writing and are generally final and binding on the parties.