Litigation vs. Alternative Dispute Resolution

Litigation and Alternative Dispute Resolution (ADR) are two fundamental approaches for resolving legal disputes in Washington. One focuses on the traditional approach of court procedures, judges, and juries, while the other is more focused on mutual agreement. 

Litigation can be useful in criminal cases or when settlement agreements must be enforced. It places legal requirements on an individual and offers penalties if they don’t complete them. ADR is often used when the two parties wish to reach a mutual resolution but keep the courts out of their decisions. This can offer both parties more freedom in the negotiation process, and it keeps things civil between family members or friends. 

If you need help deciding on the right method for your case, call John L. Davis PLLC today. 

Litigation: The Traditional Court Approach

Litigation is the process of resolving disputes in court. It involves a formal procedure where a judge, and sometimes a jury, decides on the outcome of a case based on the presented facts, evidence, and legal arguments. It often results in a win-lose outcome, where the judge or jury makes a legally binding decision. The process can be lengthy and expensive because it involves court fees, witness testimonies, and a lot of preparation time. Litigation is also a matter of public record, so parties lose the right to privacy when discussing their case. However, litigation offers the possibility of appealing the decision to a higher court if the outcome doesn’t meet all of your needs. 

Alternative Dispute Resolution: A More Flexible Path

ADR involves methods like mediation, arbitration, and negotiation to resolve issues outside the court system. In mediation, a neutral third party helps both people reach a mutually agreed-upon decision. The mediator fosters discussion between the two but does not impose a legal decision. It allows parties to express their feelings and concerns while they work on a solution that benefits everyone. 

Arbitration involves a neutral third party that acts more like a judge to resolve the dispute. The arbitrator listens to both sides carefully and then makes a legally binding decision. Arbitration offers more flexibility than traditional court litigation, and it is generally confidential. The final decision may be made public, but the evidence and methods involved may be kept private. 

Mediation and arbitration both involve detailed negotiations, which may not be present in a traditional courtroom setting. They both involve a neutral third party who focuses on resolution rather than criminal penalties. The only downside to Alternative Dispute Resolution is that it relies on both parties’ willingness to compromise. If one party refuses to cooperate with the decision, traditional litigation may be required. 

Legal Assistance for Your Dispute Resolution

If you are facing a disagreement with another person or company in or near Vancouver, WA, John L. Davis PLLC can help. We can provide you with all the reasons you should choose between litigation, mediation, or arbitration to resolve your issue. If you are unsure what to do next, call (360) 597-4740 to make an appointment. We can help you understand your options and guide you to a fair resolution.