Alternative Adrs
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Alternative Dispute Resolution
By: Your Name
Alternative Dispute Resolution
Alternative Dispute Resolutions (ADR) are extremely common in contracts. When two businesses work together for a common purpose, as in a grocer and a farmer, ADR in a contract offers the two businesses an alternative to going to court. ADR is much cheaper than a law suit.
Examples of Alternative Dispute Resolutions.
Examples include resolving disputes between contracting parties, especially in business transactions such as, as stated above, farmers with grocers, cement company and commercial construction, even between attorneys and their clients in malpractice cases.
Advantages and disadvantages of ADR.
Advantages
Often quicker than going to trial.
Often less expensive, saving the litigants court costs, attorneys fees and expert fees.
Permits more participation and empowerment, allowing the parties the opportunity to tell their side of the story and have more control over the outcome.
Allows for flexibility in choice of ADR processes and resolution of the dispute.
Fosters cooperation by allowing the parties to work together with the neutral to resolve the dispute and mutually agree to a remedy.
Often less stressful than litigation.
Disadvantages of ADR
If the ADR process is binding, the parties normally give up most court protections, including a decision by a judge or jury under formal rules of evidence and procedure, and an appeal.
ADR may not be effective if it takes place before the parties have sufficient information to resolve the dispute.
The neutral may charge a fee for his or her services. If the dispute is not resolved through ADR, the parties may then have to face the usual and traditional costs, such as attorneys fees and expert fees.
Lawsuits must be brought within specified periods of time, known as Statutes of Limitations.
ADR in a dispute between my customer and me.
I could use ADR if the refrigeration that I had installed by a local provider, in my warehouse to store my grapes after harvest began to corrode. The company that installed the system guaranteed that it would last 10 years before any maintenance was necessary. It has only been three years,