Alternative Dispute Resolution (ADR)
Nobody likes bringing disputes to the courtroom (what is called "litigation"). It can be tedious, time-consuming, expensive, and often unnecessary. In addition, clients often find that the results attained in the courtroom are not what they expected.
This is why several of our lawyers have made it a point to further their training in Alternative Dispute Resolution (ADR) techniques, including mediation and arbitration. In mediation, two or more opposing parties choose a neutral third party (the "mediator") who will employ a variety of techniques to help them reach a mutually-satisfactory and amicable settlement agreement. Arbitration is similar to mediation, except that the opposing parties agree beforehand to follow the legally-binding decision of the neutral third party (the "arbitrator"). In either case, the neutral third party can be a lawyer, judge, or any other qualified and certified mediator or arbitrator. Alternative Dispute Resolution techniques can be used to settle disputes of all kinds, simple or complex.
Experience in a given practice area coupled with competence in mediation/arbitration allows a lawyer to attain for the client a highly satisfactory result both quickly and amicably. All parties tend to be satisfied with the results since they are permitted to participate in all aspects of the ADR process and since the animosity often caused by the adversarial courtroom system is absent. Furthermore, since disputes are not heard in a public courtroom, a higher level of confidentiality can be maintained.
Today, the courts and various administrative tribunals are encouraging parties to use ADR and settle their disputes out of court, because litigation simply contributes to the backlogs in our judicial and tribunal systems. If backlogs can be reduced, then the courts and administrative tribunals can more efficiently and effectively handle those matters which cannot be solved by other avenues.
Our lawyers are prepared to:
- Act as mediators or neutral arbitrators in a variety of matters
- Inform clients about ADR and design ADR goals and programs to resolve disputes
- Prepare clients for ADR sessions
- Prepare all the appropriate documentation and settlement agreements that result from mediation, arbitration, or any other ADR technique
Not all matters can or should be resolved using ADR. If we feel that ADR would be the most appropriate manner by which to resolve a dispute, we will recommend it to the client and then, if the client agrees, choose the most effective form of ADR. If two or more parties come to us and request that we act as neutral third parties, we will conduct a preliminary assessment of the dispute and determine whether ADR would be the most appropriate approach and which form of ADR would be the best.
If you would like to find out more detailed information about Alternative Dispute Resolution, please call or visit our offices and speak with one of our lawyers.