As anyone with a brief understanding of the legal system, they know that the process is time-consuming, expensive, and risky. This risk applies to both parties to the dispute.
As a result, ADR, or alternative dispute resolution, has become an effective method and guides complainants to try to resolve their grievances before proceeding to court proceedings. ADR usually takes one of two forms. Both forms are arbitration or mediation. There are some companies like stat11 inc., that provide the best ADR services in Canada.
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In an arbitration hearing, each party presents their case, often in short form, to the independent hearing officer or the arbitrator making the decision. As with any test, there will be winners and losers.
If the arbitration is non-binding, either party may choose to reject the decision and continue. If the arbitration is binding, both parties accept the arbitrator's decision.For a mediation hearing, both parties must appear before an impartial hearing officer or mediator trying to resolve the case.
Usually, both parties meet with the mediator at the mediator's office. Each party, including lawyers and their clients, is in separate offices often in the case of personal injury, when the insurance company participates on behalf of the insured, the insurance supervisor takes part in the mediation of personal injury without the accused.
The mediator then switches between the two parties and makes an offer and counter-offer. In addition, the mediator advises each party about the strengths and weaknesses of each case and the suitability of bids and counteroffers based on the actual facts of the case. Mediation has proven to be very effective in dealing with personal injuries.