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1 Alternative dispute resolution (ADR) is any way of settling a dispute without going to a court or tribunal for a decision. We are encouraged by the courts and tribunals to use ADR to try to settle disputes involving compensation. There is widespread support for ADR from the government and the courts.
Alternative dispute resolution (ADR) allows parties to customize their dispute resolution process. Parties can insert the standard arbitration or mediation clause in their contract and can further customize their clause with options that control for time and cost.
Alternative dispute resolution (ADR) refers to the different ways people can resolve disputes without a trial. Common ADR processes include mediation, arbitration, and neutral evaluation. These processes are generally confidential, less formal, and less stressful than traditional court proceedings.
In the mediation process, the mediator helps the parties identify important issues, clarify misunderstandings, explore solutions, and negotiate a settlement rather than having a costly and time-consuming trial.
As this case demonstrates, the mediation clause of agreements of sale for the purchase of real estate are just as enforceable as any other alternative dispute contractual provision under the law.
Rule 2.7 - Mediation Procedure (A) Advisement of Participants. (B) Mediation Conferences. (1) The parties and their attorneys shall be present at all mediation sessions involving domestic relations proceedings unless otherwise agreed. At the discretion of the mediator, non-parties to the dispute may also be present.
ADR is a general term which includes mediation, facilitation, and other out-of-court strategies for resolving cases without going to trial. ADR allows the parties to play a more active role in resolving their dispute in a more informal setting. Cases can usually be resolved more quickly when ADR is used.
Be prepared, professional, considerate, and let the other side know that there is nothing personal in the position you are taking. A mutual attitude of cautious optimism makes mediation both enjoyable and effective. Building positive relationships with the opposition makes it much easier to settle cases in the future.