Alternate Dispute Resolution Alternate Dispute Resolution Courts are not the only forum in which disputes are resolved. More and more persons involved in disputes have become dissatisfied with the time and expense required to litigate in Court. Another disadvantage to court is the fact that all disputes are public and the records of court proceedings are, with some exceptions, public records. In the case of businesses who wish to keep their various trade secrets private, or in the case of divorcing spouses who may wish to keep their finances private, courts are often unsatisfactory. Some folks find that court heightens their differences rather than resolves them.
Courts are excellent at resolving money disputes of a one time nature.
The results from court are often less satisfactory if the parties have an on-going relationship, like parents of children or businesses which wish to continue dealing with one another. The parties select an independent, trained mediator who seeks to find common ground between the parties. Mediators all operate differently, but one trait all have in common is that they have learned to listen to both sides to determine the true source of the dispute and the real stumbling blocks to settlement. While each mediator proceeds differently, most mediators start a session by discussing ground rules for the session which may include an agreement that neither side will interrupt the other, that the parties will be civil, that the parties will agree not to call the mediator as a witness in a court dispute should the mediation be unsuccessful, and the like. The mediator may then break up the meeting to speak with each party separately.