Alternative dispute resolution (ADR) refers to resolving a dispute outside of a court. Techniques like arbitration, mediation, and negotiation can help you settle relationship issues, financial frauds, and tarnishing reputations without litigating in court. Each of these processes is different and can help you avoid the delays and expenses involved in a court case. Keep reading this blog to learn how to resolve family disputes out of court effectively.
1. Negotiation
Negotiate with the other party if you wish to avoid a lengthy trial in court. Here are a few tips for negotiating a settlement effectively:
- Propose what you’re willing to try to resolve the dispute with the other party. Negotiating can be formal or informal. Ask a family lawyerto attend your meeting if you wish to document your settlement.
- Remember that negotiation is voluntary. You can walk out any time if the settlement clauses don’t interest you.
- Negotiation demands that both parties give and take. Those who feel they can’t give up anything should go to court or arbitrate.
2. Use Mediation
Mediation is similar to negotiation, except a third party helps you resolve the issue. Search the following places if you wish to hire a third-party mediator for your dispute:
- Your local guides or business directories. Look under ‘dispute resolution’.
- The local courthouse. They may have a list of mediators.
- The state bar association can also provide you with a referral.
3. Arbitrating a Dispute
An arbitrator works for a fee. They can be a lawyer or a judge, who can help both parties agree to ground rules. You will have to sign an agreement and submit the required documents to receive the arbitrator’s decision.
The arbitrator might conduct conferences to settle the issue before the hearing. The process is similar to a lawsuit and requires you to submit a “statement of purpose” to explain your allegations against the other party. The arbitrator will send a copy of your claims to the other party and vice versa. Once the arbitrator decides, you will have to go to court to enforce the agreement.
At Ledwidge & Associates, we have expert estate lawyers and family law attorneys to help you settle an agreement out of court. Visit our Real Property Law firm Brooklyn for more information about our services.
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