Advanced Dispute Resolution is a method of resolving conflicts and disputes without the involvement of a California judge or a court trial. People use advanced dispute resolution because it is cheaper and faster than the alternative.
This is because it keeps the conflict out of the Los Angeles courtroom. ADR is applicable to most disputes in areas like family law, workplace disagreements, and personal injury disputes, to mention but a few – which Los Angeles hotels face every month. In some places, the conflicting parties will seek out ADR on their own.
In other cases, the judge will compel the conflicting parties to negotiate outside the courtroom. Judges don’t need the headache of a court battle either. They want people to resolve their claims in a more casual setting. But they won’t hesitate to rule on a case if ADR fails. In some places around the world, every court case begins with ADR.
When is ADR the Best Option?
ADR is suitable in situations where the parties involved are still willing to talk to one another. If the communication channels haven’t completely deteriorated, there is room for ADR methods to resolve the conflict before it reaches the courtroom.
ADR is also appealing in scenarios where the case is very sensitive and those involved are determined to maintain their privacy. A Los Angeles, CA courtroom battle makes privacy impossible. In fact, it forces hotels to reveal their deepest darkest secrets.
ADR, on the other hand, allows hotels to hide their skeletons and to ensure that conversations about private matters are restricted to only those parties that are involved in a particular case. If you are determined to maintain confidentiality, especially in matters that affect your reputation, advanced dispute resolution is your best option.
However, for ADR to work, you must use it during the earliest stages of the case. During this period, hotels are still willing to talk. As the case stretches on, everyone becomes entrenched in their position and it becomes all but impossible to find a solution that satisfies everyone. Therefore, for ADR to bear fruit, you must act quickly.
When is ADR not Suitable?
The California courts in most regions would prefer it if most hotels settled their disputes through ADR. It would be cheaper. However, there are situations in which the judge has to make the final ruling, eliminating the possibility of using ADR. They include:
1). If violence of any kind was involved, or even the threat of violence, the Los Angeles, California courts will step in to make the final decision.
2). If one of the parties is far stronger than the other and it has been determined that the imbalance prevents fair negotiations from occurring, the California court will act. One example is a conflict between a hotel employer and a hotel worker. The hotel employer has more power. They hold too many cards, especially if they are a large corporation. The negotiations are not balanced.
3). ADR processes are designed to protect the privacy of those involved. Negotiations cannot occur if one of the parties wants the public to learn the details of the case. In such a situation, a Los Angeles, CA judge must interfere.
4). ADR is unlikely to work in cases that affect multiple people. Here, a California judge must also make the final ruling.
Why use ADR?
ADR is not always popular for Los Angeles hotels. But it works, especially if the Californians involved are willing to make an effort. If you are not convinced that dispute resolution is suitable for your situation, these are just a few of the reasons why other hotels have taken the route:
1). As was mentioned above, dispute resolution is a much quicker process than a traditional California court battle. It is possible to resolve a case in mere months, possibly even weeks. If that sounds like a long time, you should know that the average court case can take years to resolve. Court battles are annoying and inconvenient.
2). Because dispute resolution is quick, it doesn’t cost as much. Los Angeles Attorneys rarely charge as much for ADR for hotels as they do for a conventional trial. They don’t spend as much time preparing and investigating, especially if you are using one of the more casual methods of ADR. Some types of ADR don’t require a lawyer, to begin with.
3). Dispute resolution leaves room for reconciliation. California Trials are very heated undertakings. They involve the use of lawyers most of whom are tasked with misrepresenting and manipulating the available information to suit the needs of their hotel clients.
This can generate anger and animosity. ADR methods like mediation encourage cooler heads to prevail. Both sides are permitted to tell their side of the story. They are given opportunities to find a middle ground that makes both of them happy. In a Los Angeles, CA trial, one person wins and another loses. This normally destroys any hope of reconciliation. This is why judges encourage the use of ADR.
4). Dispute resolution is more flexible. California Judges are expected to adhere strictly to the law whenever they rule on a case involving hotels. They have almost no wiggle room to resolve disputes because their objective is to identify the winner and to punish the loser.
Dispute resolution is concerned with making everyone happy. It allows Los Angeles, CA hotels to think outside the box and to come up with solutions that a judge cannot prescribe.
5). Dispute resolution is less stressful. This is because it costs less and it doesn’t consume as much time. You don’t have to worry about camera crews and juries. The number of individuals involved is normally quite small. This creates a relaxed setting.
6). Dispute resolution helps hotels that cannot afford a trial. It gives them access to justice they would normally never acquire because they can’t pay the legal fees needed to fuel a trial.
Do You Need a Los Angeles Lawyer?
It depends. Advanced Dispute Resolution Los Angeles is attractive partly because it is cheaper. The reduced costs can be imputed to the fact that some ADR methods do not require the involvement of a lawyer, and that will reduce your hotel legal fees drastically.
That being said, you are still encouraged to find a California legal consultant. This is the only way to keep you from stumbling into legal traps.