Alternative Dispute Resolution
Alternative Dispute Resolution - aka ADR, involves the utilization of 3rd parties that are not specifically employed as attorneys to settle disputes. These 3rd parties are called "neutrals" because they have no vested interest in the outcomes of the disputes they assist in resolving.
ADR offers a collaborative alternative to traditional litigation in a virtual setting. In addition to greatly reducing the time and expense associated with the process of a court case, it's important to keep in mind that there is a fair amount of uncertainty associated with the American Judicial system. As such, ADR can also be of great benefit towards improving communication between those involved using creative solutions to disputes that better meet the needs of the parties.
There are a number of approaches to ADR including:
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Mediation
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Conciliation
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Arbitration
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Neutral Evaluation
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Settlement Conferences
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Ombuds
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Peer-Review
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Facilitation
ECS Specializes in 3 ADR techniques:
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Mediation
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Conciliation
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Arbitration
Mediation
During the process of mediation, an ECS mediator will assist the disputing parties by constructively guiding the conversation so the parties involved are able to find a workable solution to the issue on their own.
Our Role as Mediators:
The main goal of mediation is to direct the conversation in a way that will result in finding a resolution that the disputing parties will find mutually satisfactory and beneficial. The ECS mediator does not act on behalf of any involved party remains neutral throughout the process. We are trained to put personal feelings aside and focus on the needs of the parties involved and helping them navigate a workable solution to their issue.
Conciliation
In conciliation, the conflicting parties meet with an ECS conciliator, to resolve their differences. During the session, the conciliator works with the parties involved to improve communication, better interpret the core issue(s), and support the parties in reaching a mutually agreeable settlement.
Our Role as Conciliators:
The role, responsibilities, and involvement of the ECS conciliator is what makes conciliation different from mediation. As in the process of mediation, the ECS conciliator does not act on behalf of any involved party remains neutral throughout the process. We are trained to put personal feelings aside and focus on the needs of the parties involved and helping them navigate a workable solution to their issue. This is done by asking probing questions to discover the core issues that are underlying and try to address those areas in order to resolve the conflict.
Arbitration
In both mediation and conciliation, the process is more collaborative in nature. However, of the potential alternative dispute resolution methods available, arbitration is the most similar to taking your case to court.
In an Arbitration, a neutral third party, known as the arbitrator or arbiter, listens to all parties involved and makes a decision that is either binding (meaning the case cannot be litigated thereafter) or non-binding (meaning that the case is free to pursue a more formalized legal remedy through the courts).
Our Role as Arbiters:
The role, responsibilities, and involvement of the ECS Arbiter differ greatly from both mediation and conciliation. As arbiters, we will make determinations as to the outcome based on evidence presented which can either be binding or non-binding depending upon what was agreed upon at the outset of the session.
