you feel that there must be a better solution than all those attorneys
in all those courts? It is called Alternative Dispute Resolution (ADR)
with the most common forms of ADR being Mediation and Arbitration.
ADR actually just another attempt to solve the ever growing flood
and eventual log jam in the courts of active cases in litigation?
an oversimplified definition of these two very different methods of
resolving cases out of court is:
is the use of an unbiased, disinterested person facilitating an
agreement that the parties create and enter into voluntarily. The
Mediator does not force an agreement or make a decision, but helps
develop a basis for the litigants to put down their arms and agree
to a settlement. When successful, the Mediator has often convinced
the litigants that a decision made by a Court is a decision made
by twelve strangers (the Jury) or a politician (the Judge).
Arbitrator (Binding or Non-Binding) renders a decision very
much like a Judge on the rules agreed to in advance by the litigants.
It is not too dissimilar to a Monopoly game invented by the interested
parties, who make the call before it begins how the parties will
present their cases and agree who will be making the decision by
determining who the Arbitrator will be.
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