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Convincing the Other Side to Agree to Alternative Dispute Resolution

| Dec 23, 2016 | Business Litigation |

Alternative dispute resolution (ADR) is a blanket term covering non-court resolution tactics like mediation and arbitration. For many businesses, ADR is a fact of life, baked right into their contracts. However, sometimes a company that favors ADR instead of court finds itself dealing with another company that is the opposite, or with a group of people who include those who do not have any contract terms requiring them to use ADR instead of court to resolve disputes.

Sometimes going to court is actually the ideal option, but if you determine that ADR is the procedure you need to follow, you and an experienced business law attorney can try to convince the other side to do the same. 

Eliminating Conflict of Terms

If your company and the contract you signed require you to always choose ADR over court, and you are dealing with a situation where some of the people on the other side have the same restriction, but some don’t, that creates a conflict.

If you are required to abide by arbitration and someone refuses to even start arbitration, that could make the dispute drag on as both sides’ legal teams work out how to accommodate both sides. Pointing out how long it may take to resolve that and then the eventual proceeding, whatever form that may take, could be enough to convince the other parties to agree to ADR.

Find Precedents

Look at previous disputes that covered similar territory to what you are experiencing now in your dispute. If you find any that show that ADR has produced faster results that were more satisfying to both sides, use those as evidence that the current dispute should be resolved via ADR as well.

Another tactic is to have all parties meet with an ADR specialist who can demonstrate how the dispute might be solved by ADR instead of by going through with a full court case. Law firms often offer ADR support and guidance, if not the actual ADR mediating itself.

It is often helpful to have someone skilled in ADR strategies talk directly to everyone to get a better sense of how the specific case might proceed. That, in turn, shows everyone involved what specific benefits ADR may hold for them. If you are involved in a dispute and could benefit from ADR, please consider contacting an experienced attorney to aid you in your circumstances. 

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