Advantages of Alternative Dispute Resolution (ADR)
December 20, 2013 Posted By Susan A. Romano Complex Litigation
Mediations, arbitrations and other forms of alternative dispute resolution are becoming more widely used in various types of disputes. The back log of cases in most Courts, particularly in major metropolitan areas, have resulted in longer waiting times for jury trials. As anyone involved in litigation knows, a single case could take years to reach trial.
The cost of litigation is also factor in a party’s desire to mediate or arbitrate cases. The cost of mediation is typically equally shared by the parties and is significantly less than the cost of preparing for and conducting a trial. Also significant, the cost of retaining expert witnesses is saved when parties agree to forego a trial. The earlier in the course of litigation that parties agree to mediate a case, the greater the savings that can be realized.
Another benefit to be considered in deciding to mediate is confidentiality. Litigation is typically not confidential. Court decisions can expose a party’s practices, positions and decisions, and can often be used in similar cases in the future. Confidentiality is a major benefit to litigants who choose mediation.
Finally, the parties to mediation have the ability to explore more creative solutions to their disputes which can include alternative means of resolving a matter other than monetary. Since mediations are voluntary, parties also have the ability to explore resolution with no penalty or pressure. The ultimate resolution is one that is agreed and consented to by all parties, and the best resolutions consider the needs and motivations of the parties.
Ms. Romano, a partner at the firm, has participated in numerous successful mediations on behalf of her clients. She is also on the Panel of Mediators for the United States District Court for the Southern District of New York and is an Arbitrator with the New York City Civil Court. She is an advanced trained mediator and serves on the panel of neutrals with Amicus ADR, a nationwide mediation and arbitration firm. www.amicusadr.com