Dispute Resolution
There are many ways to resolve disputes. Alternative dispute resolution can take many forms, including mediation, arbitration, or even flipping a coin. It involves resolving conflicts outside of the formal judicial system using a third party to act as an intermediary.
Fundamentally, all disputes can involve some negotiation. Each party looks at the options and makes decisions in their best interest. At its best, negotiating a settlement results in a "win win" for each party. At its worst, parties do not negotiate and try to "squeeze blood from a turnip" or gain some vengeful satisfaction. Both parties often end up losing more than they could have gained by negotiating.
Arbitration
Arbitration is often put into contracts because it is often faster and cheaper to reach resolutions than litigating in court. It is characterized by being informal, flexible, private, and more economic. Arbitration results in a judgment enforceable by the courts.
Mediation
Personally I have not had good experiences with mediation. I believe it is much more difficult to negotiate resolutions when they put you in separate rooms and shuttle back and forth. Nonetheless, I have heard of good results from mediation and so I am not completely discounting its value. Mediation results in a settlement enforceable by the courts.
Third Parties
Alternative dispute resolution does not have to occur in the formal settings of either arbitration or mediation. A knowledgeable third-party can act as an intermediary to assist parties in resolving their differences.
Preparation
Exploring potential resolutions to disputes early on is important. It is also critically important to prepare your case as if it will in fact be litigated. Success in litigation, even if resolved prior to the courtroom, is more often a result of rigorous preparation than courtroom theatrics.
Getting Started
Call me! Email me the appropriate documents and be sure to fill in the Litigation Intake Form and review the Litigation Meeting Agenda. We will sit down and discuss your case and determine whether I can help you, whether you are a fit for my practice, and what fees and costs may be involved.