Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is a method of resolving a dispute other than litigation in the courtroom. ADR can be either voluntary or mandatory and binding depending on your particular situation. Many individuals and businesses choose to use ADR forums to help reduce or limit a costly and drawn-out court battle, to reduce delays, to get to resolutions quicker, to maintain relationships and to control publicity.
Examples of Alternative Dispute Resolutions include:
- Negotiation – Negotiation is often used first in an attempt to resolve a dispute between parties. Negotiation allows the disputing parties to meet in order to settle a dispute. Negotiations allow the parties to control the process and solution.
- Conciliation – Conciliation is a process that usually involves a neutral third party to communicate with the parties in the exchange of information and non-binding settlement options.
- Mediation – In the mediation process, parties use a skilled neutral third party who does not have the power to impose a solution (i.e., the mediator has no decision making authority), but assists the parties to facilitate constructive dialogue in arriving at their own confidential solution. Parties retain ultimate control over the process and the resolution that may occur.
- Arbitration – In the arbitration process, parties retain attorneys to represent their interests before an arbitrator or panel of arbitrators. It often involves limited discovery and simplified rules of evidence. A final, and often binding, decision will be issued by the arbitrator after hearing arguments and reviewing evidence from both sides.
Alternative Dispute Resolution attorneys focus on problem solving and dispute resolution. Their goals are to help the disputing parties meet their goals by resolving disputes civilly, ethically, professionally, quickly and affordably.
KALIS, KLEIMAN & WOLFE’s attorneys bring more than 50 years of combined experience to representing clients in the ADR matters including commercial disputes, business disputes, employment disputes, construction disputes, Homeowners Association (HOA) disputes, land use disputes and more.
For more information, contact us. We are never too busy to answer your questions.