Alternate Dispute Resolution (ADR) is a term that encompasses both mediation and arbitration, which are themselves often preferred alternatives to costly litigation. Whether or not you should utilize ADR and in what form is a decision to be made on a case by case basis and in consultation with your attorney. The attorneys at Schulte Anderson have the expertise to guide you in this decision and experience in the processes to bring about the best possible resolution for you and your case.
Resolving disputes by mediation is often in the best interest of all parties involved. The process utilizes a trained mediator who works with the parties and their counsel to find common ground. If both parties and their attorneys are committed to settling a case, even the most serious disagreements can be resolved with the assistance of an experienced mediator. Mediating a case gives each party a degree of control that is not present at trial. Taking a case to trial can escalate the conflict between the parties, and it is expensive.
This is a process much like trying the case to the court. In arbitration, both sides present evidence, testimony and arguments to support their case. Unlike a court trial, arbitration does not have a jury or a judge, the case is instead pled before a neutral third party attorney, who weighs the pros and cons and renders a decision. Arbitration can be both binding, meaning the arbitrator’s word is final or non-binding meaning that either side may decide to not abide by the decision and to proceed to court. Advantages to arbitration are that it is offers a less expensive and faster means to litigate a case than the traditional court system.