Arbitration, Conciliation and Mediation(Alternate Disputes)

Alternative dispute resolution has expanded over the last several years and has become an important step in the dispute resolution process. For many disputes, businesses are finding nonjudicial methods of resolution (including arbitration and mediation) increasingly attractive, as these mechanisms are more cost-effective, less time-consuming and less adversarial than traditional litigation.

The benefits of mediation, arbitration and alternative dispute resolution derive from their versatility and independence from court bureaucracy. The general concept of ADR has gained wide support among legislatures and courts. Successful ADR programs ensure neutrality, provide a forum for mutual education and encourage the parties themselves, not just their lawyers, to join in the negotiating process.

In some instances, ADR may afford quicker resolutions and lower costs than conventional court proceedings.ADR may be particularly appropriate for clients who must maintain or strengthen business relationships with adversaries. Mediation and conciliation, as opposed to adversarial adjudication, may be especially helpful when there are ongoing business ties between potential litigants. In addition, ADR has the advantage of keeping witnesses off the witness stand, information out of the public record and the terms of a settlement confidential. ADR also may be particularly well-suited to international disputes since binding agreements reached in ADR may be enforced more efficiently in different countries than through a judgment in an American court.