Alternative Dispute Resolution Alternative Dispute Resolution is the shorthand reference to the disposition of disputes and claims outside of the traditional means of formal litigation resulting in a trial in open Court before a judge or jury. Those who have participated in this traditional method of dispute resolution have uniformly come away looking for a more efficient means of resolution.
We understand the dissatisfaction with, and are sensitive to, the rising costs of traditional litigation. That's why we encourage our clients to consider alternative dispute resolution (ADR) methods whenever possible. In the appropriate case, ADR can achieve the most efficient and cost-effective resolution compared to traditional litigation where the dispute is tried in open court before a judge or jury.
ADR keeps disputes out of the public forum, minimizing publicity. It also affords our clients protection from large jury verdicts. In addition, these proceedings can be made confidential, so there is no public record.
The two most commonly employed "alternative" methods of resolving a dispute without resorting to a traditional trial are Arbitration and Mediation. They are distinctly different procedures that each has a significant place in the system.
Arbitration
Arbitration involves a hearing before one or more judges. The result is binding or judicially enforced. This proceeding does not necessarily take place in a courtroom.
Mediation
Mediation is a non-binding voluntary process of negotiation. A neutral party serves as the mediator. Case settlement requires the agreement of all parties. This confidential process often cultivates creative resolutions to complex cases.
As each process is voluntary, except in jurisdictions where mediation is mandated in conjunction with a traditional court proceeding, insuring access to one or both of these processes is a matter of contract. The parties to a transaction often include as part of their overall agreement obligatory resort to these processes pursuant to pre-agreed terms and conditions.
When employed in business or employment planning processes, ADR contract clauses can assist our corporate clients with internal dispute management and prevention procedures. This can provide for the quick resolution of conflicts, while still considering the interests of all parties.
Services
ADR services include:
- Mediation and Arbitration preparation and enforcement
- Arbitration - as neutrals and advocates
- Mediation - as neutrals and advocates
Our attorneys have extensive experience representing parties as advocates in both venues.
We also have experience in preparing and conducting mini-trials and summary jury trials as a means of evaluation cases set for trial.
- Mini-trials
- Summary jury trials
Legal Team
Our ADR attorneys resolve disputes in a wide variety of legal areas. Many are seasoned attorneys who know how to negotiate in hostile circumstances. Many are certified to provide alternative dispute resolution services in state and federal courts.
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