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Alternative Dispute Resolution (ADR)
ADR refers to a collection of tools utilized by professionals to resolve disputes in lieu of resorting to traditional courtroom litigation.
Many ADR professionals view litigation as an option of last resort for resolving conflicts, especially family conflicts, due to litigation’s many disadvantages. Litigation is expensive, time consuming and offers no personal control over the outcome of the conflict. Litigation is always a win-lose proposition. One party will win. One party must lose. Each party stands a 50/50 chance of losing whatever is it that they value enough to fight about. Neither party has control over what the judge will decree.
In contrast, alternative dispute resolution works to find win-win solutions that address each individual’s unique concerns. There are several alternative techniques available to resolve these disputes, including therapeutic law, mediation, collaborative law, counseling and arbitration. Each technique has advantages that make it suitable for differing types of disputes, depending on the clients’ unique situation and goals.
Alternative dispute resolution offers many advantages, the most important of which is control. The clients control the amount of time involved, the expense and the outcome of the process. The clients are able to develop their own solutions, on their own terms, limited only by their own imaginations.
For individuals who have chosen alternative lifestyles, this ability to control their destiny is significant. The legal system is not known for it's friendly stance towards alternative lifestyles. Alternative dispute resolution offers these individuals privacy, control and respect for personal choices.
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