Advantages and Disadvantages of Alternative Dispute Resolution
Have you ever encountered a situation where you and someone that you know have had a fight or disagreement over property, money, or even marriage? In the event of these circumstances you may find that either you or the other party want to go to court in order to receive a resolution to the problem. Though court may seem like the only option, alternative dispute resolution can often be the better decision for you. There are an array of advantages and disadvantages of alternative dispute resolution to take into consideration before making a final decision.
Less Time Consumption
The first advantage to consider is that alternative dispute resolution takes significantly less time in comparison to taking your problem to court. Instead of having to sit through proceedings, waiting to be appointed court dates, and then working through the problem, you can get right to the point and find a resolution. Whether you hire a third party such as a mediator to help you through the process or if you do it on your own, resolving disputes without a court can be advantages.
Another large advantage associated with alternative dispute resolution is that it is significantly less expensive than taking it to court. Court will force you to incur a numerous amount of expenses ranging from hiring legal representation to ensuring that you have the money to file the appropriate papers. If you are looking for the least expensive option, alternative dispute resolution is your best option.
Only Dealing with Money
The largest disadvantage associated with alternative dispute resolution is the fact that the arbitrator can only resolve disputes that relate to money. This means that they cannot issue orders relating to what the other party can or cannot do, as these require an injunction from the court.
Another thing to take into consideration when you are deciding whether to choose alternative dispute resolution or not is that it is a one-time deal. Once a consensus has been made, you cannot go back as it is quite difficult to get a judicial review of the decision. Especially in terms of hiring an arbitrator, both parties have to agree to have the situation reviewed again, which is often one of the most difficult standards that have to be met. Not to mention that you will also have to find a court that will agree to review the case.