What Are the Benefits of Alternative Dispute Resolution?


Avoiding litigation is a common goal for businesses these days. Many businesses, when entering contracts with clients and vendors, specifically stipulate alternative dispute resolution be used when conflicts arise. South Carolina attorneys can help businesses draft contracts with alternative dispute resolution terms and can also act on behalf of businesses in mediation and arbitration proceedings.

The role of attorneys in alternative dispute resolution


Two popular types of alternative dispute resolution are mediation and arbitration. These types of resolution take place outside of the court system, allowing disputes to resolve more quickly and at a lower cost. Although mediation and arbitration take place out of the courts, attorneys in SC still have a role in resolving disputes using either method.

Mediation


Mediation uses a neutral third party to act as an advisor or negotiator to the two parties of the dispute. The mediator does not have to be, but is often a SC lawyer. The mediator works with both parties, and their respective attorneys, to resolve their differences and reach an agreement. The mediation process is less formal than arbitration and is used most often when trying to avoid an adversarial situation that might damage a relationship. Landlord and tenant disputes lend themselves to mediation, since real estate leases are usually long-term contracts that affect day-to-day operations.

Arbitration


Arbitration is a formal process that allows both parties to present their side of the dispute to an arbitrator. The arbitrator, usually a retired judge or a very experienced attorney, hears the case and makes a decision based on the facts. A South Carolina attorney at law can take the role of arbitrator or they can represent one of the parties in the arbitration proceedings.

If the dispute in question calls for binding arbitration, the decision of the arbitrator can be legally binding on both parties. Because the parties have agreed to participate in arbitration, they normally also agree to let the decision of the arbitrator resolve the dispute.

Contact us


Young Clement Rivers, LLP is a SC law firm that seeks to achieve satisfactory resolution of disputes through the use of mediation and arbitration. Our attorneys in Charleston work with clients to resolve controversies as efficiently as possible to reduce adversarial effect and financial expense associated with prolonged litigation. If you are interested in avoiding litigation, contact us today for consultation.