Alternative Dispute Resolution (ADR) Part Two
This blog post is the final installment in a two-part series on alternative dispute resolution. If you haven’t read the first part yet, you may follow this link to receive an introduction to the two primary forms of ADR: https://kellybrandlaw.com/blog/detail/id/177/Alternative-Dispute-Resolution-ADR-Part-One .
In this blog post, we will answer more questions about alternative dispute resolution. First, when can I initiate ADR? Second, can a judge require me to use ADR? Finally, how much does ADR usually cost? Keep reading to find out the answers to these important questions.
When Can I Initiate ADR?
Parties can elect to engage in alternative dispute resolution at any point in the litigation process. This could even be before a summons and complaint (the first formal step in the litigation process) is filed. Parties can agree to participate in ADR while the lawsuit is pending. This may be advantageous for the parties because the litigation process is quite slow, and ADR may result in a faster end to the conflict, thereby reducing attorney fees and other costs associated with litigation. ADR can also be used after a judge has decided the case, or while a party appeals.
Can a Judge Require ADR?
Yes, judges can (and often do) require parties to attempt alternative dispute resolution before proceeding to trial. This requirement means that the parties must, in good faith, attempt to use alternative dispute resolution to settle their dispute. However, parties are generally not required to come to an agreement during their court-ordered dispute resolution. If the parties are unsuccessful at resolving their dispute, their case will proceed to trial. If a judge does require parties to use ADR, the parties usually get to decide for themselves the type of ADR they want to use and who will perform it.
How Much Does ADR Cost?
Here’s the short answer: it depends. But it’s usually significantly cheaper than litigation. The cost of ADR depends on the amount of time it takes the impartial third-party (usually a mediator or arbitrator) to help the parties find a solution. The amount of time a case requires often depends on the number and complexity of the issues between the parties. It is also common for the parties to evenly split the cost of ADR.
Now that you know a little more about the logistics of alternative dispute resolution, you may want to consult an attorney to help you identify when ADR may be most beneficial for you. Contact an attorney at Kelly & Brand, Attorneys at Law, LLC who will advise you on the best course to resolving your legal dispute.