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Alternative Dispute Resolution Options

Alternative dispute resolution is intended to help parties resolve disputes short of litigation.  The two forms of Alternative Dispute Resolution are [1] Mediation and [2] Arbitration. Both are intended to be used to avoid litigation and both can be used by trade creditors to resolve disputes with customers.   Mediation is a dispute resolution technique in which a neutral third party tries to negotiate a resolution to a dispute between two parties. The mediator does not have the authority to impose his or her decision on the parties. A mediator does not issue a finding or ruliing. The other option is arbitration, which can be binding or non-binding.

An arbitration hearing is something like a trial. The arbitrator or arbitration panel will review written evidence and may hear from witnesses. Witnesses can even be cross-examined. After the hearing, the arbitrator[s] will issue a finding or an award. If the parties submit to binding arbitration, the disputing parties are bound by the decision of the arbitrator[s]. In non-binding arbitration, the parties can agree to accept the decision, or they can continue to pursue their respective positions by filing a lawsuit.

© 2010 by Michael C. Dennis.  All Rights Reserved