Alternative Dispute Resolution
Alternate dispute resolution, or “ADR”, can be a means for the expedited resolution of a case without a conventional courtroom trial. Often, ADR is a quicker, more cost-effective means of resolving disputes. Mediation and arbitration are the most common ADR methods. Our lawyers have substantial experience representing clients in both mediation and arbitration.
Mediation allows for dispute to be resolved without a judge or jury. In mediation, a neutral third-party (often, but not always, a lawyer or retired judge with no connection to the case or parties) tries to bring the parties together to reach a voluntary settlement to their disputes. No ruling or judgment will be imposed upon them. Mediation has many advantages. It allows the parties to have more control in the outcome of the dispute and reduces the cost of litigation.
In a binding arbitration, a neutral third-party hears the parties’ evidence and makes a final, binding decision that is enforceable in court. The arbitrator is often an attorney who is not connected with the parties or the case. Sometimes arbitrators are retired judges, accountants, professors, or other professionals. Arbitration has the advantage of usually providing a swifter resolution because discovery is limited, there is no jury and appeals are severely limited. However, the same reasons which make arbitration faster than litigation also mean that the parties have less opportunity to discover the other side’s evidence before the hearing, they give up the right to a jury, and they have extremely limited grounds for appeal.
Contact Kemeny, Ramp & Renaud, LLC to learn more about the services offered by our mediation and arbitration attorneys.