Alternative Dispute Resolution (“ADR”)
Alternative dispute resolution (ADR) includes a variety of processes that allow parties to resolve disputes, without the time, expense, and hassle commonly associated with litigation. Alternative dispute resolution usually involves one of the following:
- Mediation. Mediation is assisted negotiation, meaning, the parties work with a neutral third party, the mediator, to work toward resolution. The mediator will supervise the exchange of information, and facilitate the bargaining process in an effort to reach an amicable resolution. The mediator helps interpret the parties’ goals and objectives, and relays information, while framing the problems and issues. Ultimately, the parties use the mediator to attempt to reach a resolution.
- Arbitration. Arbitration is one of the most commonly used form of ADR. Arbitration agreements between the parties oftentimes set forth the rules for arbitration, including whether the arbitration will be binding. As an alternative to litigation, binding arbitration allows one or more persons to review the evidence in the case, and impose a decision that is legally binding, and enforceable in court. The primary benefits of arbitration are the cost savings, finality (arbitration decisions are very, very difficult to overturn or appeal), and timeliness, thereby helping bring resolution to legal disputes in a timely, cost-efficient, and final manner.
- Neutral evaluation. Neutral evaluation involves an expert’s assessment as to a potential claim. The proceedings are confidential, and designed to provide the parties with direct communication as to possible claims and supporting evidence, in addition to providing expert opinion as to what the case is “worth”.
- Collaborative law. Collaborative law allows parties to resolve disputes by “troubleshooting” outside of the courts. The parties retain separate attorneys, who privately move the parties toward resolution; the lawyers work toward a win-win, amicable solution, outside of the courts, while sharing experts, insulating children, and encouraging constructive participation. If a resolution cannot be reached, both attorneys disqualify themselves from any further involvement in the case.
Contact Keilen Law today to learn more about our ADR options and services.
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