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Sunday, April 14, 2019

Alternative Dispute Resolution (ADR)

ADR is a procedure that parties to disputes give each other as options or alternatives to lawsuits. Partly because of the growing number of claims and the extra work that this has caused the court system and partly because of a need to solve problems at less expense and with less time. Examples of ADR are arbitration and mediation. These do not use the courts, judges or juries.

Firstly, let me point out that this is an optional set of procedures for the claimant. Neither they nor the insurance company is required to choose the option of arbitration or mediation. But may do so as an alternative to court or jury trial. 

Secondly, both sides must agree to submit the case to ADR as one side generally cannot force it to be done. Thirdly, the costs of presenting a case in this manner can be greatly reduced; in some instances at a fraction of the cost. Fourthly, as to timing, cases can generally be disposed of by arbitration or mediation in as sort a time as 2-4 weeks compared to months or even years for court. 

The law is changing. The law is adjusting and adapting to the needs of the people it serves and the development of ADR, giving people additional ways of resolving their differences, is good evidence of this. 

Tofaute & Spelman have been using ADR to resolve our clients' cases for many years and are skilled at making sure this option is used when it benefits our clients the most.

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