Alternative dispute resolution (ADR) is used to find a solution to a legal problem without litigating. For instance, say that two business entities end up in a dispute over how a contract should apply or whether that contract was breached. One may be threatening to sue the other and take the case to litigation, alleging that significant harm was caused by the breach of the contract.
Alternative dispute resolution would allow the business owners to work together, potentially with a mediator to guide the process, so they can seek a solution on their own. Litigation would not be necessary.
Keeping the case in your own hands
One of the main advantages of this approach is that it keeps the outcome out of court. A judge is not going to review the details of the case and make a ruling. Neither business owner is going to be forced to follow a court order that was handed down by a third party.
Instead, these individuals have a chance to cooperate, communicate and work together to find an acceptable solution. They keep control over the outcome. This does not necessarily mean they will get everything that they want, as compromises are often a necessary component. But they still retain control over the ultimate decision, rather than surrendering that control by going through litigation.
Are you involved in a dispute and trying to determine if litigation or alternative dispute resolution is the right tactic moving forward? Be sure to carefully consider all of your legal options. It can help to work with an experienced law firm at this time.