Alternative Dispute Resolution – Resolving Disputes and Getting Back to Business Conflicts and disputes arise in business relations and organizations just as they do throughout all human endeavors. Most business people will tell you that there is no shortage of litigation these days. The roots of many of these lawsuits are conflicts, accidents, misunderstandings, deprivation, mistreatment are not going to disappear. Trying to avoid litigation by simply hoping a conflict will go away rarely works. There is, however, an effective tool for businesses to resolve disputes without going to court is the use of an Alternative Dispute Resolution process or “ADR.” As a business person, why should you consider alterative methods of dispute resolution? The reasons people turn to ADR include: (1) saving both time and money in resolving disputes; (2) providing broader options and possibilities for available outcomes, including more potential for a win-win solution than court can provide; (3) increasing the parties' control of the dispute; (4) insuring greater privacy to the parties; and (5) improving long-term business relationships by avoiding hostilities and conflicts almost always associated with lawsuits. Next time you or your business becomes embroiled in a dispute, you should consider ADR. ADR is being used in many circumstances to serve businesses' conflict resolution needs while at the same time minimizing businesses' application of human and financial resources to litigation. ADR allows your resources to remain focused on doing business, instead of defending lawsuits ADR encompasses a broad spectrum of alternative dispute resolution processes. Two of the most common forms of ADR are mediation and arbitration. Mediation is where neutral third party assists the participants in problem solving, and ultimately in reaching a resolution. Arbitration is where a neutral third party acts a s a private judge or jury and decides the outcome of the dispute. It can be very much like a trial, and can save both time and money. So the next time you or your business becomes embroiled in a dispute, it makes good business sense to consider ADR. The Author, Jay E. Fernandez is an attorney and shareholder of the Fernandez Law Firm, PC. The Fernandez Law Firm is an established full service law firm offering high quality cost effective legal services to Colorado’s businesses, professionals, and individuals. 728 Coffman Street, Longmont, CO 80501. Telephone: 303.772.8900. http://fernandezlaw.biz DISCLAIMER: The above article is intended for informational purposes only, is not intended to be legal advice, and does not create an attorney-client relationship with the reader.
Published on Nov 22, 2010
Conflicts and disputes arise in business relations and organizations just as they do throughout all human endeavors.