Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is not new. ADR refers to an alternative method of dispute resolution. It is an alternative to going to court. Now that the court system is overloaded and so expensive, alternative methods are necessary. Some contracts even require that alternative methods be used as the only method of resolution (binding), eliminating court as the final determination. Three primary methods of ADR include negotiation, mediation, and arbitration. Dixon Engineering offers negotiation, mediation, and arbitration services for coating projects.
The primary criteria should be cost. Is your expense justified; is your potential settlement proportionally large in relation to the expected cost? (These criteria also should be used in evaluating your method of ADR, as arbitration is also more expensive than negotiation.)
The second factor is immediate or quicker resolution of a specialized problem. "Even though a dispute is justifiable and serious, courts are not the best forum when the decision calls for an expert, on-the-scene determination and when delaying matters to get a more careful and accurate judgment from the courts will destroy the values that immediate finality would assure." (Murray/Rau/Sherman 33)