In almost all areas of dispute, mediation and arbitration are excellent means to resolve it. There is one instance when ADR isn’t necessarily the best direction to take: when the dispute involves creation of new law. Save this rare exception, ADR has four distinct advantages over litigation and should be seriously considered prior to any court battle.
One of the most beneficial aspects of mediation is the savings on court and legal costs. Many people who engage in litigation feel that the payment of legal costs are just a deferment until they win, but in many cases, both parties are on the hook for costs. With ADR, like mediation and arbitration, the costs are less than litigation, and there is little risk of incurring unexpected costs.
Another reason ADR should be considered before litigation? It’s a win-win situation. The traditional plaintiff-versus-defendant format is replaced by parties who are trying to work toward a single agreement. Another two reasons Massachusetts ADR is a good choice: sessions are more convenient than strictly designated court schedules; and emotional disputes are handled in a compassionate, skilled manor, in which the mediator, arbitrator, or panel member recognizes the issues pertaining to all parties.
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