Each estate dispute is a unique case with its own considerations, family dynamics, and individual needs. Alternative dispute resolution (ADR) options are ideal for many beneficiaries trying to resolve estate issues because the experience can be customized to meet the unique needs of the opponents. Mediation is often a beneficiary’s first thought when it comes to alternative dispute resolution, but negotiation can often bring similar results and may fit their unique case better.
What is Negotiation in ADR?
Alternative dispute resolution allows disputing parties to come to a structured decision without the involvement of a court. In every method of ADR, all the parties must agree to settle the dispute using alternative methods and seek out their own representatives. The parties’ attorneys help their clients gather the necessary evidence to support your position.
Negotiation is a method of alternative dispute resolution in which the parties and their representation attempt to come to a settlement agreement through give and take. Negotiation is an ideal method of ADR when both parties wish to work out their differences and come to a settlement and are willing to have a give-some and take-some approach.
What is the Difference Between Negotiation, Mediation and Arbitration?
Negotiation takes place between the involved parties and their council. In mediation, there is the addition of a neutral, third-party professional to help facilitate the discussion. Meditation is an ideal option for parties that want to negotiate but are struggling to communicate their needs or make reasonable bequests of each other.
Arbitration is different from mediation and negotiation in that the parties waive their right to go to court and agree that a third-party facilitator will hear their cases and make a judgment. The facilitator behaves as a judge, makes ultimate decisions regarding the dispute, and parties are not able to appeal the judgment.
Arbitration is typically used when parties are not able to come to a conclusion through other forms of alternative dispute resolution. Typically, parties turn to mediation or negotiation as a primary step before they must resort to arbitration.
Find Supportive Representation for Your ADR Dispute
Whether you solve your estate dispute using meditation, arbitration, or negotiation, you’ll require knowledgeable, compassionate, and fair legal counsel. The attorneys at Gaslowitz Frankel LLC have decades of proven results and can put the expertise to work for your unique and important case.
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