Everything You Need to Know About Alternate Dispute Resolution

If you are thinking about a legal dispute, you are probably thinking of the case being resolved in a court room. However, most cases are resolved before a trial ever occurs, either through a settlement or alternate dispute resolution (ADR). ADR can provide many benefits to people embroiled in a legal dispute and is available in a variety of cases. To learn if your case may be eligible for ADR, contact  Wilson-Goodman Law Group, PLLC by calling (480) 503-9217. 

Types of Alternate Dispute Resolution 

There are several different types of ADR. Each type has its own process and unique benefits. Common forms of ADR include:

Mediation 

In mediation, a third-party neutral (called a mediator) helps parties involved in a legal dispute reach an amicable solution for a legal problem they are involved with. The mediator uses conflict resolution skills and effective communication to identify the parties’ interests and help them reach common ground. During mediation, the mediator may meet with each party separately in what is known as a caucus. At other times, the mediator may meet with parties at the same time in a joint session. If the parties reach an agreement, that agreement is written up and submitted to the judge for approval.

Collaborative Law

Collaborative law is often used in family law cases, such as divorce or child custody. The spouses, their respective attorneys and other professionals work together to reach an out-of-court settlement. If the parties are unable to settle their case, their lawyers must usually withdraw from the process and the parties would proceed to litigation with other lawyers.

Arbitration 

Arbitration is similar to going to trial, but the procedural and evidence rules may be more relaxed. The rules may limit how much discovery may occur and the scope of it. Rather than being assigned a random judge who may have a background in different practice areas, the parties can usually decide on an arbitrator or panel of arbitrators who have subject matter expertise in the matter at hand. 

The arbitrator hears testimony and reviews evidence to make a binding decision in the case. 

Benefits of Alternate Dispute Resolution 

While each type of ADR is unique and provides its own unique set of benefits, ADR is generally preferred over litigation because it:

• Is more affordable than litigation because you are not paying for your lawyer’s court appearance or expensive discovery requests
• Provides a confidential means to resolve conflict rather than exposing your issue in court, which is generally public knowledge
• Allows the parties to pick someone to help resolve their legal issue that has expertise in that area of the law, rather than being assigned a judge who may have a limited background in the area
• Gives the parties more power over the outcome of the case and allows them to be an integral part of the solution
• Is more civil and can help retain relationships between the parties 

Contact Wilson-Goodman Law Group, PLLC for Your Confidential Case Review

At Wilson-Goodman Law Group, PLLC, we want what is best for you. Whether that means litigating your case or submitting it to ADR, we want to help you achieve your objectives. Learn more about our ADR services by calling us at (480) 503-9217.