Not every legal dispute has to be settled in front of a judge.
The world of alternative dispute resolution allows people to work out their issues outside the courtroom, often through a third party who acts as a mediator.
But more and more cases are being settled through another form of alternative dispute resolution. The most common forms of alternate dispute resolution are arbitration and mediation.
“I’ll see you in court.”
These aren’t words anyone wants to hear, but we live in a litigious world. If you own a home or a business or hold public office, there’s a chance that some decision you make might some day wind up before a judge.
Fortunately, a growing number of people are choosing to forego having matters decided in court in favor of what’s known as alternative dispute resolution. Bucks County plaintiffs and defendants alike can benefit from this process. Here’s how it works.
Read more about What is Alternative Dispute Resolution? 5 Benefits of ADR
If you’re seeking alternative dispute resolution in Bucks County, you’re not alone.
Individuals, companies, and even government organizations are all subject to lawsuits, and this can often result in painful court battles, which is why people to go the ADR route instead.
Anyone who has been tangled up in a lawsuit knows the significant costs involved. The legal system in America isn’t cheap, especially for the little guy. Cost reduction is a primary driver for those seeking alternative dispute resolution in Bucks County.
And depending on the specifics of your complaint or suit, you may be involved in the litigation process for over a year or more. ADR, in a best case, can create a legally-binding resolution in a matter of hours, rather than months.
Let’s look at some of the most common forms of ADR, and how they work.
Read more about Understanding Alternative Dispute Resolution: Which Type Is Best for You?
Whether court-appointed or by the choice of one or both parties, mediation and alternative dispute resolution (ADR) can help those involved with contract problems resolve legal disputes in a way that can end up being fair to both sides. At a time when many contracts and legally binding documents require it as the first or only step for parties to solve any problems, it can be easy to forget that ADR provides many benefits as an alternative to litigation in Bucks County.
Many contracts now require both parties to engage in mediation and/or arbitration before, or in many cases instead of, any other legal actions. When these documents require proceedings to take place in Pennsylvania, then Bucks County alternate dispute resolution practitioners can help would-be litigants come to a settlement or a compromise. The reasons for including an arbitration clause usually revolve around cost, although some companies also use it to limit the possibility of class action lawsuits which can be costly for defendants while providing relatively small settlements for any plaintiffs.
Read more about Benefits of Alternative Dispute Resolution in Bucks County
Most lawyers reject, instinctively, mediation clauses in contracts. We believe that the well-settled rules of contract law as augmented by the applicable rules of procedure are the sure and safe means to fully protect a client when a contract goes bad and litigation becomes inevitable.
Unlike arbitration, mediation is non-binding, until its end product – a settlement agreement is reached. Only then does it become binding and enforceable. It is that uncertainty, its unbinding attributes, which causes attorneys to be hesitant, if not hostile, to the mediation process. This includes the attorneys in Doylestown at Benner & Wild.
Simplistically, mediation is structured negotiation. Its goal is to help parties resolve that dispute. Litigation has the same goal. The difference is that litigation represents the failure of negotiation because the litigants effectively admit that they cannot agree to a means to settle their differences and look to a judge and/or jury to settle the case for them.