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When many people imagine solving legal disputes they picture the proceedings being carried out in a courtroom. The Perry Mason moments. The LA Law or Suits cross examinations. However, there are many other ways to solve legal disputes, and generally these are categorized as forms of alternative dispute resolution, or ADR. In fact, when it comes to many disputes in business law, alternative dispute resolution is often preferable for many reasons.

Alternative Dispute Resolution is Cost-Effective

Formal trials are very expensive at the best of times, and the business legal matter in question may not be worth costs on that level. The preparation for formal trials is extremely time-consuming, as is the actual execution of formal trials. While the option to have your day in court, and your right to jury trial is a zealously guarded right that I see as inviolate, given the time value of money businesses often conclude that they end up spending more money on the formal trial versus using an ADR.

The ADR Process Can Be Quicker

Trial dates in most jurisdictions take years to reach, and often when a case is scheduled for jury trial it is grouped with many others all on the same week. Many are then continued, or rolled over to the next docket causing more expense and taking up more of everyone’s time.

And finally, there is a sense of more control over the process and even sometimes the outcome. The procedures are more streamlined, some say even easier, and often standards of evidence are lower.
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Negotiation is often the main type of alternative dispute resolution used. Two parties meeting to discuss and try to find the best solution for both, given their interests, settles many a dispute. However, plenty of disputes are complicated enough that the parties involved need expertise, sometimes through a formal mediation process and a Supreme Court Certified Mediator to help them with that negotiation.

Arbitration is more decisive as it takes the process a step further. The arbitrator hears both sides, listens to them present evidence, and then largely makes the decision for them. These situations lack the formality of trials, but they still have more formality than mediation and negotiation in many cases. The arbitrator can settle the disputes that the two parties would struggle with themselves. If the decision of the arbitrator is non-binding, then the situation could go to trial.

Overall, clients should try to seek the services of professionals who will help them navigate this and other legal processes. With the Board Certified Civil Trial Lawyer credential, Hutch Brock has the experience in these forums and others providing an added benefit to the businesses and the clients alike. Call Brock Law at (813) 333-7267, or send a message to Brock Law.
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