MULTI-LINGUISTIC TRANSLATION AND EVALUATION SERVICES (MTES)
ALTERNATIVE DISPUTE RESOLUTION (ADR)
Alternative Dispute Resolution (ADR) is generally classified into at least five types: Negotiation, Conciliation , Mediation, Collaborative law, and Arbitration.
ADR is any method of resolving disputes other than by going to Court (Litigation).
Public courts rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them.
Negotiation is the first way to resolve a dispute, and it is the preeminent mode of dispute resolution. Negotiation is a dialogue between two or more people or parties intended to reach an understanding, resolve points of difference, to gain advantage for an individual or collective, or to construct outcomes to satisfy various interests.
Negotiation allows the parties to meet in order to settle a dispute. The main advantage of this form of dispute settlement is that it allows the parties themselves to control the process and the solution.
Negotiation occurs in businesses, non-profit organizations, and government branches, legal proceedings, and in personal situations such as marriage, divorce, parenting, and everyday life.
Conciliation is a process whereby the parties use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. They do this by lowering tensions, improving communications, interpreting issues, encouraging parties to explore potential solutions and assisting parties in finding a mutually acceptable outcome.
Conciliation differs from arbitration in that the conciliation process, in and of itself, has no legal standing, and the conciliator usually has no authority to seek evidence or call witnesses, usually writes no decision, and makes no award.
Conciliation differs from mediation in that in conciliation, often the parties are in need of restoring or repairing a relationship, either personal or business.
Mediation is a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
Mediator is a person who bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject.
Mediation has a structure, timetable and dynamics that negotiation lacks. The process is private and confidential, possibly enforced by law and participation is voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process.
Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement.
Mediation is used for a wide gamut of case-types ranging from juvenile felonies to federal government negotiations, Mediation has also become a significant method for resolving disputes between Investors and Stock Brokers, Tenants, and Landlord, Employee and Employer, Seller and buyers, and many more.
MTES has an expert authoring and experience processor to help you to resolve your dispute quickly.
The benefits of mediation include Cost, Confidentiality, Control, Compliance, Mutuality, and Support
Collaborative law or family law, is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children.
This process is without the underlying threat of litigation. The voluntary process is initiated when the couple signs a contract or a participation agreement, which is binding each other to the process and disqualifying their respective lawyer's right to represent either one in any future family-related litigation.
The collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts. As the traditional method of drawing up pre-marital contracts is oppositional, many couples prefer to begin their married life with documents drawn up consensually and mutually
Arbitration is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons, the Arbitrators or Arbitral Tribunal, and agree to be bound by the arbitration decision (the "award"). A third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts. MTES does not offer Arbitration Services.