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Shanghai Alternative Dispute Resolution Lawyer

Edward  Sun
Edward Sun
edward.sun@hengtai-law.com
+86-21-62262625
Kevin  Song
Kevin Song
songyinmin@hengtai-law.com
+86 21 6226 2625

Hengtai Law Offices

1118 West Yan'An Road
Suites 1103-1105
Shanghai, China 200052

Shanghai Alternative Dispute Resolution Lawyer

Alternative dispute resolution (ADR) is an approach or means for resolving disputes outside the judicial system, commonly in the form of arbitration or mediation. Mediation is considered among the less formal alternatives to litigation that involves a panel or impartial third party (typically consisting of a group of qualified attorneys or retired judges experienced in negotiations) that intervenes to reach a settlement of the dispute.

Arbitration
Arbitration is the procedure by which parties agree to submit their disputes to an independent neutral third party, known as an arbitrator, who considers arguments and evidence from both sides, then hands down a final and binding decision. This alternative, which can be used to adjudicate business-to-business, business-to-employee, or business-to-customer disputes, can utilize a permanent arbitrator, an independent arbitrator selected by the two parties to resolve a particular grievance, or an arbitrator selected through other procedures. A board of arbitrators can also be used in a hearing.

After the arbitrator is selected, both sides are given the opportunity to present their perspectives on the issue or issues in dispute. These presentations include testimony and evidence that are provided in much the same way as a court proceeding, although formal rules of evidence do not apply. Upon completion of the arbitration hearing, the arbitrator reviews the evidence, testimony, and the collective bargaining agreement, considers principles of arbitration, and makes a decision.

Mediation
In contrast to arbitration, mediation is a process whereby the parties involved utilize an outside party to help them reach a mutually agreeable settlement. Rather than dictate a solution to the dispute between labor and management, the mediator—who maintains scrupulous neutrality throughout—suggests various proposals to help the two parties reach a mutually agreeable solution. In mediation, the various needs of the conflicting sides of an issue are identified, and ideas and concepts are exchanged until a viable solution is proposed by either of the parties or the mediator. Rarely does the mediator exert pressure on either party to accept a solution. Instead, the mediator’s role is to encourage clear communication and compromise in order to resolve the dispute. The terms “arbitration” and “mediation” are sometimes used interchangeably, but this mixing of terminology is careless and inaccurate. While the mediator suggests possible solutions to the disputing parties, the arbitrator makes a final decision on the labor dispute which is binding on the parties.

Mediation can be a tremendously effective tool in resolving disputes without destroying business relationships. It allows parties to work toward a resolution out of the public eye without spending large sums on legal expenses. Its precepts also ensure that a company will not become trapped in a settlement that it finds unacceptable (unlike an arbitration decision that goes against the company).

Hengtai Law Offices

1118 West Yan'An Road
Suites 1103-1105
Shanghai, China 200052

Contact This Firm

Hengtai Law Offices

1118 West Yan'An Road
Suites 1103-1105
Shanghai, China 200052

Law Firm Contact: Edward Sun

Tel: +86 21 6226 2625

Fax: +86 21 3220 0273

Website: www.hengtai-law.com

Member Since: 2011

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