The cost and time associated with protracted litigation has become an increasingly unattractive method for resolving a dispute. Various types of alternative dispute resolution processes (“ADR”), such as arbitration and mediation, have emerged as viable alternatives to litigation.
Our law firm has wholeheartedly embraced ADR as a cost effective and efficient way in which our clients can resolve the myriad of controversies in which they have become embroiled. Not only do we provide representation to our clients during various ADR proceedings but several of our attorneys have become highly regarded mediators.
Arbitration has a long history as an alternative to litigation. Mediation, however, is a less widely known, but equally effective, way in which to resolve a dispute. Unlike an arbitrator, a mediator does not weigh the evidence and make a decision. Instead, a mediator acts as a neutral, and very confidential, evaluator of the positions of conflicting parties. After endeavoring to cause the parties to focus on their objectives and the costs associated with achieving those goals, the mediator assists the parties in structuring a resolution through a cooperative effort.
Just as litigation requires a specific set of skills, preparing for, and participating in, mediation and arbitration requires a certain type of expertise. Although the requisite skills for representing a client during an ADR proceeding can be learned, there is no substitute for the intuitive stratagems that only experience can bring. Our partners who participate in the ADR process, particularly those who serve as mediators, have the requisite skills to enable our clients to take full advantage of the unique opportunities that are afforded by ADR proceedings.
In addition to being a very successful mediator, one of our partners serves on the Supreme Court Committee for Complementary Dispute Resolution. That committee is comprised of several judges and ADR practitioners who meet during the year to discuss and propose changes to the rules that have been adopted by the Supreme Court for the court mandated mediation program. Participation on that committee has provided valuable insights into the dynamic way in which the Supreme Court views various alternatives to litigation.
The cost and time associated with protracted litigation has become an increasingly unattractive method for resolving a dispute. Various types of alternative dispute resolution processes (“ADR”), such as arbitration and mediation, have emerged as viable alternatives to litigation.