As a law firm committed to keeping legal costs reasonable we have found that alternative dispute resolution (ADR) may, in certain circumstances, be a much less expensive way to resolve disputes. Our litigation team is always considering more cost-effective options and optimal timing for exploring those options. For some clients, in some cases, ADR can prove to be a highly efficient and effective solution. We understand that in business disputes that are resolved through ADR both parties have some role in developing the solution. This makes that solution more likely to be honored, keeping clients out of court and allowing them to focus on making the business thrive and grow.
Lawyers at the law firm of DunlapWeaver are advocates of a variety of alternative dispute resolution methods including AAA Arbitration (American Arbitration Association), NASD Arbitration (now subsumed under FINRA), JAMS, HKIAC (Hong Kong International Arbitration), AIA contract arbitration (which is AAA commercial arbitration) as well as a variety of other private arbitration and mediation processes in jurisdictions across the US and in foreign countries. Contact us today:email@example.com.
In arbitration parties to a dispute agree to resolve it outside of court. The parties hire a third person, usually a retired judge and specialty attorney, and their agreement determines the rules of how the arbitrator makes his or her decision. There is no jury and generally no appeal. Even if the arbitrator makes a mistake, the parties usually have to accept the arbitrator’s decision. Thereafter, a court will enforce the arbitrator’s judgment the same way it enforces its own judgments.
Differences between business mediation and arbitration
Businesses often use one of two principal methods of ADR: mediation and arbitration. These methods differ in several ways. In arbitration, an arbitrator listens to arguments from both sides of the dispute and makes a decision based upon the evidence presented. In mediation, the mediator helps the parties discuss the dispute, helps them work out a solution but does not make a decision for the parties.
When is ADR useful?
Our lawyers have found that these methods of ADR are effective in a wide variety of circumstances. We thoroughly prepare clients for mediation and help them develop presentations for arbitration sessions. Our clients have used ADR to resolve such disputes as:
- Partnership disputes
- Shareholder disputes
- Contract disputes
- Real estate purchase and sale disputes
- Construction disputes
- Employment disputes
Advantages of business mediation and arbitration
ADR is not for everyone; some disputes will require litigation. However, for some clients, ADR can prove to be a cost-effective solution. In business mediation, both parties have some role in developing the solution. This makes that solution more likely to be honored, keeping clients out of court and allowing them to focus on making the business thrive and grow.