
Going to court is expensive and stressful. It’s also very time-consuming. But court isn’t the only option to settle a dispute.
There are court alternatives you can utilize. These alternatives are called alternative dispute resolution methods. They include:
- Negotiation,
- Mediation,
- Arbitration, and
- Settlement conference.
This article will explain these court alternatives and their advantages.
Alternative Dispute Resolution Methods
The following are common alternatives to court.
Negotiation
In most cases, parties negotiate a settlement. Only a small percentage of cases go to trial. Negotiating a settlement is generally more cost-effective.
You can show the other party the merits of your case, prompting a settlement. Or perhaps you see the merits of the other party’s case and understand that negotiating a deal would be more beneficial than dealing with a long, drawn-out trial.
Mediation
Mediation is voluntary. A neutral third party acts as the referee between the disputing parties. The mediator facilitates the parties to discuss their issues. It is very informal.
The mediator offers possible solutions to the dispute. However, unlike a court verdict, this solution is not binding. The parties are under no obligation to follow the solution.
Arbitration
The setting for arbitration is more like a court, though less formal. A third party mediates between the disputing parties.
There can be one arbitrator or a panel of arbitrators. Parties still call witnesses, make arguments, and present evidence.
The arbitrator or panel of arbitrators reviews the facts and evidence. Unlike mediation, an arbitration decision is usually binding.
Parties can appeal the arbitration decision to the district court, but courts generally do not overturn an arbitration decision.
Arbitration can be court-ordered or required contractually instead of the parties pursuing disputes in court.
Settlement Conference
A settlement conference is a meeting where parties to a conflict attempt to resolve their dispute. The conference can be voluntary or involuntary. Usually, a judge presides over the conference.
Like mediation, the judge offers solutions. However, this is non-binding. The judge cannot force the parties into a settlement. The case will proceed to trial if an agreement cannot be reached.
Advantages of Alternatives to Court Adjudication
Utilizing an alternative dispute resolution method has many advantages over pursuing a case in court, including:
- Informal. Courts are very formal, and the rules are stringent. Alternative dispute resolution methods are more relaxed and informal.
- Less expensive. Alternative dispute resolution methods are more economical than pursuing a dispute in the court system.
- Privacy. Court verdicts are generally public records. Decisions derived from alternative dispute resolution methods are private.
Sometimes, court is the only option. However, these other court alternatives offer more benefits if it isn’t.
Contact Us at Mesilla Legal Center to Reserve Your Office Space
At Mesilla Legal Center, we offer office space for rent for all your legal needs. Whether you need a space for meeting clients, depositions, mediations, or trial preparation, we have a space for you.
Our rooms are equipped with advanced technology, such as high-speed internet and video conferencing.
Contact Mesilla Legal Center to book your office space today.