Consider Alternative Dispute Resolution
Alternative dispute resolution (ADR) is an increasingly popular
means of resolving disputes without litigation. The process employs
practices and techniques outside of the judicial system.
Arbitration is a formal process in which
disputing parties refer their dispute to an impartial third person
or panel of their choosing who hears arguments, reviews evidence
and renders a binding or non-binding decision
as the parties agree.
Case evaluation is a process in which the
parties or their attorneys present a summary of their cases to a
neutral who renders a non-binding opinion of the settlement value
or the likely outcome if the case is adjudicated.
Collaborative practice is a litigation-free way
of settling disputes in which two parties, with their own
agree in writing to settle their dispute without using court
action. Parties voluntarily exchange information, identify
interests, and develop options for solutions that satisfies each
party's highest priorities.
Conciliation is a process in which a neutral
assists parties to settle a case by clarifying the issues and
assessing the strengths and weaknesses of each side of the case. If
the case does not settle, the conciliator may explore the steps to
prepare the case for trial.
Mediation is a voluntary, confidential process in
which a neutral is invited or accepted by the disputing parties to
assist them in identifying and discussing issues of mutual concern,
exploring various solutions, and developing a settlement mutually
acceptable to the disputing parties.
All forms of ADR may or may not involve a licensed attorney;
however, many attorneys include ADR as part of their services. ADR
processes can be used in most areas of law, including, but not not
limited to, business, family,
labor & employment, probate, tort, commercial transactions,
construction, elder law, environmental and municipal law.
Click here to
learn more about the benefits of ADR.