ADR can be both cheaper and quicker than traditional court options if all parties cooperate. ADR includes collaborative law, mediation and arbitration. An Arbitrator is a private decision-maker, chosen by agreement of all the parties, to decide the issues in dispute.
However, in mediation, the mediator is not a decision-maker; it is the parties, not the mediator, who makes the agreement. The mediator helps the parties communicate and find common ground. Using mediation allows all opposing parties to focus on the real issues in dispute without traditional restrictions of eg rules of evidence, etc, so an agreement can be made based on feelings not just facts and the law. Mediation helps the parties communicate effectively so they can make an agreement on their facts and issues.
Even if a final agreement is not achieved on all the issues in dispute, mediation can help focus and narrow the issues a judge has to decide, saving time & money in court.
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