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  • Writer's pictureAdministrator - Usman & Partners

Don't want to go to court, but still want to resolve a dispute? Here are alternatives to court

Alternative dispute resolution (ADR) refers to a variety of methods used to resolve conflicts or disputes outside of traditional court litigation. Here are some common types of ADR:


1. Mediation: In mediation, a neutral third party (the mediator) facilitates communication between the disputing parties to help them reach a mutually acceptable resolution. The mediator does not impose a decision but instead assists in finding a solution that satisfies all parties involved.


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2. Arbitration: Arbitration involves presenting the dispute to one or more arbitrators who review the evidence and make a binding decision. The process is less formal than a court trial, and the arbitrator's decision is usually legally binding and enforceable.


3. Negotiation: Negotiation is a direct dialogue between the parties involved in the dispute, with the goal of reaching a mutually acceptable agreement. Negotiation can be conducted informally or with the assistance of legal representatives.


4. Conciliation: Conciliation is similar to mediation, but the conciliator plays a more active role in proposing solutions and offering suggestions for resolving the dispute. However, the conciliator's suggestions are not binding on the parties.


5. Collaborative Law: Collaborative law involves both parties and their respective attorneys working together to resolve the dispute cooperatively. The focus is on finding a mutually satisfactory solution rather than engaging in an adversarial process.


6. Mini-Trial: A mini-trial is a structured process where each party presents their case to a neutral advisor or panel of advisors. The advisors evaluate the arguments and evidence presented and may offer non-binding recommendations or advice to help the parties reach a settlement.


7. Judicial Settlement Conferences: In this type of ADR, a judge acts as a facilitator, helping the parties explore potential settlement options. The judge may offer insights into the strengths and weaknesses of each party's case but does not make a binding decision.


8. Online Dispute Resolution (ODR): ODR utilizes digital technology to resolve disputes online. It can include various methods such as mediation, arbitration, and negotiation conducted through electronic platforms.


These are just a few examples of alternative dispute resolution methods, and their availability and suitability may vary depending on the jurisdiction, nature of the dispute, and the parties involved.

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