When dealing with a legal matter in the state of Oregon, figuring out the best way to resolve the issue can be difficult. Should one go to court, or should one consider an alternative dispute resolution method? There are pros and cons to both of those options. This week’s column will discuss the advantage and disadvantages of both ADR and litigation.
When it comes to ADR, there are two methods that are most often used: mediation and arbitration. Mediation is where all involved parties agree to meet and negotiate a resolution to the problem with a mediator present. Arbitration, on the other hand, is where all parties present their case to one or more arbitrators, who then get to decide how the matter should be resolved. Both of these methods tend to take less time than going to trial, grant greater privacy for all involved and cost less than traditional litigation.
When it comes to litigation, one needs to be prepared for it to take time for a resolution to be reached. Parties will have to work to prepare their cases and get a court date before they can present their issue before a judge and wait on the court’s decision. Resolving the matter may take more time than one would like, and it can also be expensive, emotionally challenging and unpredictable. However, there are times when it is the appropriate course of action. Unfortunately, ADR methods do not always work out as one might hope.
So, ADR or litigation? It really depends on the issue at hand and what one hopes to achieve. They both have their place in the Oregon legal system. With the assistance of counsel, one will be able to decide which method will best serve one’s interests.