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ADR (Alternate Dispute Resolution) means applying or designing process
alternatives in dispute resolution. Often parties prefer a
means of resolving a dispute that avoids the rigidity and time and
cost of litigation. Most people prefer using a process that is
flexible, quick to set up, private and less costly. In addition,
people prefer informality and minimal time. A major factor is being
able to revive or maintain relationships. These are mixed goals typical of parties looking for a
creative way to move forward and resolve the dispute.
A dispute in a commercial setting causes frustration, loss of
time and opportunity, as well as the potential to lose or gain on
the merits of the dispute. A normal first step in resolving
disputes is for the parties to deliberately try in a calm and
logical way to identify what the core of the dispute is about and to
really listen to the other party. If this does not work, the next
best thing to do is not make the matter worse!
There are effective resources and choices available
to provide many alternatives to resolve disputes. The
spectrum includes assisted negotiation, conciliation,
mediation, arbitration and creative combinations such as med-arb.
Many times a process is a created to best suit the dispute, or the
parties, or the time, or the budget. In all cases an ADR
professional is neutral, experienced, and attentive to providing an
environment in which the cause of the dispute is thoroughly
explored. In arbitration the decision of the arbitrator is
based on the submissions of the parties.
When you no longer make progress on
resolving a dispute, call us for information and assistance. One of
the services of MAAOC is to assist parties by providing information
about the dispute resolution options and getting all parties to the
table.
It is normal to inquire about resources to resolve disputes in creative
and effective ways. Your inquiries are always welcome. Contact
us by email, telephone or fax.
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