It is our understanding that alternative dispute resolutions have to be considered before resorting to court. Therefore we strive to utilize these methods to resolve disputes to the satisfaction of our clients.
Alternative Dispute Resolution (ADR) refers to a range of dispute resolution options, which are different from litigation. ADR processes can be characterized with couple of common features:
- provide means to keep confidentiality;
- neutral standards of conduct;
- rules of evidence not strictly applicable;
- part of a contract and/or party agreement;
- parties and attorneys tailor the process to the dispute;
- Consensual or court-annexed.
ADR processes range from most facilitative such as mediation to more or less facilitative such as arbitration. Mediation is the most facilitative process where parties have the control over the procedure.
According to the Albanian Mediation Law No.9090: “Mediation is a voluntary and confidential procedure aimed at out-of-court dispute resolution and involving a third party – mediator that assists the parties to the dispute in reaching a settlement”.
Its main features are:
- a neutral person, mediator, leads the session;
- joint sessions and/or caucuses are possible during the mediation procedure;
- everything depends on the free will of the parties and their informed consent;
- parties explore different options and choose the best possible solution;
- mediation creates a win-win environment;
- The mediator does not make any decisions and formal evaluations.