Alternative Dispute Resolution (ADR) uses alternative methods to resolve a construction dispute. Mediation is the most common form of ADR and consists of two parties resolving a dispute with an impartial mediator. As Orlando construction attorneys, we have years of experience dealing with Alternative Dispute Resolution, and can offer answers to a few common questions that come up about ADR.
1. What Situations Are Suitable For ADR?
Alternative Dispute Resolution is ideal for any conflict that people want to resolve quickly and prevent from further escalation. ADR is typically used to:
- Reach a mutual solution peacefully
- Avoid costly and time consuming court proceedings
- Preserve business relationships
2. What Are The Benefits Of ADR?
ADR is understood as a fair system that is beneficial to all parties. Some of the benefits include:
- ADR can help to find a solution to an issue instead of forcing the blame on one party or the other.
- Opening lines communication it assist parties in resolving a conflict
- ADR also can help people to develop a creative solution that is not typically found in a court proceeding
3. Is ADR Private?
Mediation is a private process. For example, the mediator, who can be your Orlando construction attorney, will serve as a negotiator who works to the dialect flowing and encourage participation.
During mediation, the disputing parties can choose to keep their mediation private or public. The mediator offer both parties the opportunity to sign a confidentiality agreement prior to the start of the mediation. Regardless of a signed confidentiality agreement, in the chance that parties cannot come to a resolution during mediation and the case goes to court, the parties are forbidden to use what they learned during the mediation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.