The increasing availability and use of Alternative Dispute Resolution (ADR) methods to resolve disputes in recent years have provided businesses with viable alternatives to expensive, time-consuming and contentious litigation. Where this is especially important is in situations where the two sides want to preserve partnerships or business relationships after an issue has been resolved.
Benefits of ADR in resolving business disputes
One important factor that prompts businesses to turn to ADR methods to resolve routine business disputes is cost. The discovery process in a litigated dispute is often cumbersome and time-consuming, and the longer the procedure goes on, the more expensive it becomes. As the cost of settlement goes up, the benefits go down. ADR provides a cost-effective alternative that eliminates most discovery and motions, allowing resolution much earlier.
ADR has been used on even the most highly charged, high-stakes and complex cases to find negotiated settlements that have allowed both sides to retain some control over the outcome. ADR is used to resolve merger and acquisition claims, intellectual property and construction cases, labor disputes, as well as international business claims that might otherwise fall within the jurisdiction of foreign courts.
ADR methods are also confidential. Companies that take a case to court risk facing the scrutiny of the public eye, potentially exposing details of the company’s sensitive corporate trade secrets. ADR provides a more private option for businesses that wish to minimize future claims in discrimination or employment suits.
Employer-employee disputes can also be resolved in a way that preserves relationships through ADR. Where litigation is often focused on a zero-sum end game that will leave one side feeling bruised and powerless, ADR methods empower both sides to negotiate a settlement that involves compromise so that everyone comes away with some, although not all, of what they seek.
ADR in Florida
ADR has been part of the Florida Court System through the Florida Dispute Resolution Center (DRC) for over 30 years. The two main types of ADR in the state are court-connected mediation and arbitration. Certified and court-appointed mediators as well as court-appointed arbitrators are bound by state-mandated ethical standards.
Finding an experienced ADR attorney serving communities in Ormand Beach and throughout Florida will give all parties in a dispute confidence in a fair and unbiased outcome.