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Expectations from Resolvr by Impress
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What can I realistically expect from ADR?

A dispute is down to a disagreement between two or more parties. When this disagreement requires the use of a third party to facilitate a resolution, it usually means a compromise – between the parties’ desired outcomes, as well as the outcomes the judicial process can provide.
Often in reality neither party ends up completely happy with the outcome. You should keep in mind your own peace of mind and look for ways to move forward in the best possible manner for you.

Outcomes

Confirmation of no wrongdoing

You may feel that you have done nothing wrong and that an outcome showing anything else would be unfair. Sadly the law isn’t always on your side and litigation may not bring the confirmation that you need. Think about what your best outcome might be and what you are willing to compromise on at a push. A mediator or arbitrator will be best placed to advise on how close you can get to that outcome.

An apology

Assuming you can prove there was wrongdoing on the part of the other party, an arbitrator may instruct a party to retract their statement or even publish an apology, though this may also happen verbally instead. Bear in mind that this apology may not make up for the impact and possible harms you have incurred. Again, keep your best outcome in mind and be transparent with your mediator or arbitrator so they can support you.

Cost awards

Going to court may put you in the position to be awarded damages. However, different areas of law have different thresholds and often, even if you win, a judge may only award nominal damages and not make a cost award in your favour (meaning even if you win, you still have to pay your own costs). If compensation is your main goal, note that an arbitrator also has the power to award costs and damages. Compared to court, however, ADR costs are significantly lower, negating the risk that you end up out of pocket once your legal fees have been paid.

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