An experienced attorney in New York City, Scott Hayworth has provided alternative dispute resolution for a multitude of clients. Scott Hayworth is currently managing partner at Haworth Coleman & Gerstman, LLC.
Often facilitated by attorneys, alternative dispute resolution (ADR) has gained popularity in recent years due to the rising costs of court cases. ADR offers a less expensive way to redress wrongs.
Many senior judiciary officials throughout the Western world are in favor of ADR. In fact, a number of them have stipulated that some type of ADR needs to be attempted before litigation within the court system.
ADR takes many different forms. The two most common are mediation and arbitration.
Of the two, arbitration is the most like a court case because it has simplified rules for evidence and limited discovery periods. An arbiter or a panel of arbiters presides over this form of ADR. Arbitration always ends with a resolution, though perhaps not one that satisfies both parties.
In contrast, mediation is facilitated by a mediator and involves negotiations between the two opposing parties. However, unlike arbitration, this form can fail to reach a resolution, possibly leading to a court case.