The Role of Alternative Dispute Resolution in Civil Cases

Robin D Perry

Navigating a legal dispute doesn’t always mean that you’re going to end up in court. In fact, a significant portion of civil legal matters can easily be solved via alternative dispute resolution. ADR was developed as a solution to long court backlogs caused by relatively simple legal matters. Rather than forcing every single civil issue to go to court, ADR gives people the option to work it out via mediation or arbitration, saving themselves time and money. These resolution methods are available for many types of legal concerns, and it’s important to work with the right kind of attorney as you seek a solution. A personal injury lawyer in Southern California can help you if you’re considering ADR for a claim.

Even if your case never goes to court, having the Law Offices of Robin D. Perry & Associates by your side can significantly lower your stress, save you time, and help protect your finances as you advocate for yourself. Led by Attorney Robin D. Perry, Esq., our firm has a strong reputation in Southern California for fighting aggressively on behalf of our clients. Learn more about alternative dispute resolution options, and to discuss your case with our personal injury law firm, call us at 562-216-2944.

Types of Alternative Dispute Resolution

There are two primary forms of alternative dispute resolution that may be used in civil cases. Mediation is widely known and used in many types of civil cases. Both parties meet with a neutral mediator who facilitates productive discussions between them. Both sides may be represented by their own lawyer to better understand their options and make decisions that protect their best interests. The suggestions made in mediation are not legally enforceable. The involved parties can choose to agree on a solution and have it written up into a legally enforceable order, but until then, they are not obligated to do what the mediator says. Additionally, either side may choose to walk away from mediation if they choose.

The other main form of ADR is arbitration. Arbitration is more similar to court than mediation is; the parties present their sides to an arbitrator or a panel. Unlike mediation, the decision reached by the arbitrator is legally binding. 

Benefits of Alternative Dispute Resolution

There are numerous benefits that come with alternative dispute resolution. To start, it is often less expensive than going to court. Preparing for court is incredibly expensive and time-consuming, and in comparison, mediation generally only requires that you pay the mediator. While arbitration may be slightly more expensive than mediation, it’s still significantly less costly than litigation. Next, settling a case out of court is much faster than going through the court system. Remember, that was one of the reasons alternative dispute resolution methods rose to popularity—no one wants to wait months for their case to even be seen by a judge. This benefit is especially relevant for those seeking assistance from a personal injury lawyer. When your ability to pay your bills hinges on the outcome of your court case, a swifter resolution is the ideal solution.

Alternative dispute resolution is also more private than taking your case to court. Whether you use ADR for a personal injury case, a business dispute, a real estate issue, or another type of civil case, you likely don’t want your private details laid out in public court documents. Agreements reached via alternative dispute resolution are private.

Potential Drawbacks

While alternative dispute resolution is often recommended by personal injury attorneys, it’s not without its issues. In some cases, ADR simply does not give you a shot at a fair outcome. If your case is especially complex, involves significant power imbalances, or requires an extensive knowledge of a niche area of law, you may truly need the oversight of a court to ensure that your case is handled fairly. Additionally, there’s no guarantee that the other party will approach mediation in good faith. If they come to the table with no interest in participating, you could end up spending money on both ADR and going to court.

Ultimately, what is best for you and your case comes down to your specific circumstances. In some cases, you may not even have a choice. If you’re working with a personal injury attorney on a claim against a business, you likely signed a waiver with that business requiring you to handle disputes via mediation or arbitration. The earlier you talk to your attorney about your options, the more informed you’ll be.

Contact the Law Offices of Robin D. Perry & Associates Today

As you consider different options for your civil case, make sure you have the right legal team fighting for you. Call us at 562-216-2944 or fill out our confidential contact form now.