• evan8471

Alternate Dispute Resolution and Mediation

ALTERNATE DISPUTE RESOLUTION

Jury trials are expensive and painful affairs. Alternate dispute resolution (ADR) techniques try to ease this pain and expense, while also reducing court backlogs.

There are numerous forms that ADR can take. The principal forms are mediation, binding arbitration, nonbinding arbitration, and high-low arbitration. Only the imagination limits the possibilities here. As long as both sides agree, ADR can take place in virtually any setting, utilizing virtually any procedure.

Mediation

Mediation involves bringing the sides together before a neutral third party. This third party can be a judge, an ex-judge, a practicing attorney, a professional mediator, or any other individual upon whom both sides agree.

The mediator helps the parties find common ground. He or she does not make a decision like a judge. Instead, he or she helps to get each side to see the merit in the other side’s positions. He or she also points out weaknesses that the parties may not realize exist in their own case. By bringing the parties together in this setting, the mediator hopes to expedite settlement of the case or, at least, bring the sides closer together.

The mediator’s neutrality is his or her power. This neutral perspective may give both sides the first truly independent evaluation of the case. It can greatly influence the way the parties view the case for settlement purposes.

Mediation is most appropriate where both sides see the possibility for settlement. When one or both sides are firmly entrenched in their position, it is unlikely that mediation will be useful.

Recent Posts

See All

We all need to be prepared for cancelled medical appointments. As a personal injury lawyer, I am thinking about how to advise my clients. My clients’ physical therapy regimens are probably going to be

Sovereign Immunity is a legal doctrine that protects governments from lawsuits. It stems from an old English common law principle: The king can do no wrong. Not until 1946 did Congress begin carving o

Insurance Adjusters are People Too An adjuster suggested that my case was worth only “nuisance value.” I replied, “You may be willing to settle for nuisance value, but I have to tell you. I can be A V

What Clients Say

"Add a testimonial and showcase positive feedback from a happy client or customer."