There is no question that alternative dispute resolution (ADR) services offer immense benefits for resolving conflicts. ADR is the term used for various dispute resolution processes that serve as alternatives to traditional court proceedings. ADR was developed to help avoid the potentially lengthy and arduous litigation process as a tool to navigate disputes more effectively. Early dispute resolution allows parties to resolve their conflicts at a much earlier stage. This early response can enable litigants to avoid excessive legal costs and risk damaging relationships in a protracted litigation fight.
Although the resolution goals are unique to every case, here are a few of the benefits of early conflict resolution:
#1: Flexibility
Mediation cases offer a flexible approach to the logistics of cases– this includes selecting your alternative dispute resolution professional, choosing the date, venue, and time, which helps people avoid unnecessary time away from work. Since mediations also allow participants to have more control over the process, the mediation can be tailored to the specific case to resolve the unique issues involved.
#2: Lower Costs
Whether mediations are successful or not, they can help the participants save money. Successful cases avoid litigation, which can include attorney fees, court costs, and other expenses. Unsuccessful cases still avoid similar costs because they also help make any further legal work more efficient since much of the work on the case has already been completed.
#3: Safeguard your professional relationships
Early resolutions can help parties maintain their working relationships by attempting to resolve the dispute at hand before it escalates to the point of damaging the relationship beyond repair. Due to their collaborative nature, mediations tend to inspire parties to work together rather than stark opposition to one another. The sooner two parties can work with a neutral third party, the more likely it is that they will maintain an amicable relationship in the future.
#4: Identify potential strengths and weaknesses of your case
Early mediation can help you identify the strengths and weaknesses in your case. This process can also help you understand potential strengths and weaknesses in your opponent’s position as well. Such information can help you make strategic procedural decisions before taking on the financial and emotional commitment of escalating the case. In addition, early mediation presents an opportunity to identify common ground before each party becomes so entrenched in its position that resolution becomes virtually impossible.
#5: Explore potential tradeoffs
Early resolution conversations can help you find ways to leverage the parties’ interests to make a compromise. In addition, these conversations may lead the parties to consider unique agreements that result in more diverse outcomes. You can learn more about compromises and negotiations in our blog post here.
The early resolution process is full of unique benefits that can help individuals and companies save money and protect the integrity of their professional relationships. If you are faced with a dispute in the future, we hope you will keep these benefits in mind and consider taking advantage of early resolution through mediation or arbitration.
Sources:
http://arbitrationblog.practicallaw.com/arbitration-and-early-resolution/
