3 Things to Know before hiring Dispute Resolution Law Firms
Alternative dispute resolution provides the parties in conflict with an opportunity to resolve the disputes via a third party quickly. Everyone is defensive about their property, resources, space, and opportunities. It is due to various emotional thought processes that a majority of people are compelled to make decisions based on their instincts and try to find justice through the court system. However, the court system is not for everyone as people cannot afford the fees of lawyers apart from the huge amount of time taken to resolve the matters. For people who do not have enough money and want to get rid of the conflicts peacefully, the method of alternative dispute resolution provides a better option. In this procedure, the parties in conflict meet a third party out of the court for walking through the process. Even though it is legal the dispute resolution method is not formal like in the courts, a lot depends on the type of the agreement.
The following points highlight the things you want to know before hiring dispute resolution law firms.
1- Types of ADR
When you go for mediation, it is a kind of procedure wherein the third party or the mediator allows the disputants to coordinate with each other before resolving the conflicts. The mediator does not take decisions on behalf of the disputants, but provide the necessary support to ensure that every party involved in the conflict gets the opportunity to explain their views and discuss their concerns. The method of mediation is usually less formal when compared with the process of arbitration. Moreover, the sessions of mediation can be arranged according to the convenience of the disputants. There are three types of medications that many litigation law firms in Delhi use for resolving the conflicts.
? Evaluative mediation
This process is based on the outcome of the case, and therefore, is less focused on the individual interests of the parties in dispute. It is a suitable option for those people who have a short time and want to avoid the court system.
? Facilitative mediation
This is the usual style of mediation that a majority of people adopt were the mediators try to facilitate the process of negotiation between the parties and the ultimate aim is to reach a long-term agreement.
? Transformative mediation
This is a relatively new kind of approach in the process of mediation that encourages building relationships. It may be a suitable choice when you need to continue the relationship with the other party and usually, people using this approach have a background of mental health issues.
? Narrative mediation
This is another style of mediation, which is also new and uses new narrative approaches to end the conflict, and used by people with a background of mental health problems. The success rate of mediation is pretty high, but you need to pick the right approach that is going to work best for your situation.
Just like mediation, dispute resolution firms also use arbitration as one of the methods to resolve disputes outside the court system. During the process of arbitration, the disputants do not have control over the process but have to agree to the decision of the arbitrator. It usually begins when one of the parties send an arbitration notice to the other party. Instead of attending several sessions, there is only one session in the arbitration hearing in which the witnesses and the evidence are present and the panel comprising the arbitrators deliver the decision.
When it comes to choosing the method of arbitration and mediation, both of them are faster and cost-effective when compared with the process of litigation. However, there are some significant differences as well between the processes as the former is more legally binding than the latter.
2-When to use ADR
Whether it is for corporate entities or individuals, the ADR method can be used for resolving any kind of conflicts, but the tactics and the type of ADR used depends on the nature of the dispute. Due to its versatility, the alternative dispute resolution method should be the first step the parties in dispute need to consider. Although the procedure is largely voluntary, several courts ask the disputants to try to resolve the issues through ADR before taking the case to the court as it helps in reducing the burden on the court system.
3-Benefits of ADR
Each type of ADR has different applications, but the benefits of this method are similar. While the court system is full of clutter and there are thousands of pending cases, the ADR is not only a financially beneficial approach and helps people to cut the cost of the expensive legal proceedings, but it is also a highly successful way of treating the disputes. Survey reveals that about 75% of the disputes have been met through ADR while the proceedings of the court could only resolve 56% of the cases. A major reason why people are heading towards ADR rather than hiring the lawyers in India is there is more compatibility in the process and the parties are patient enough to listen to each other. Quite naturally, each party tries to understand the perspective of the other, thereby leading to dispute resolution.
Disputes are inevitable no matter which society it is, but the statistical advantage of ADR makes it the right approach when compared with the adversaries of litigation. With ADR, it is possible to resolve the conflicting situations easily whether it is through the application of arbitration or mediation, and while the former allows you to save time and money, the latter is more cost-effective.
Amy Jones is the lead legal expert at, Ahlawat & Associates-the best leading law firm of the top lawyers in India. She is a passionate writer and loves to help peoples in all aspects of legal disputes matters. You can follow her on Twitter, Linkedin.