Alternative Dispute Resolution (ADR) is an expeditious and cost-effective means to resolve disputes outside of the judicial system. ADR provides benefits such as easier resolution, expectation, and value. While lawsuits can take years to settle or complete and incur significant legal fees that are often unrecoverable, ADR can provide a more effective way to resolve disputes. Arbitration and mediation are two varieties of ADR.
In Arbitration, disputing parties allow an impartial third party or tribunal to resolve the dispute. Like a court action, the finding of the arbitrator or tribunal is generally binding on the parties.
In contrast, in Mediation, a skilled negotiator called a mediator identifies the goals of the parties, facilitates discussion, and gives constructive feedback to guide them to mutually agreeable solutions. Mediators offer equal and balanced observations and do not favor the interests of any one party. They facilitate disputing parties’ efforts to reach fair and reasonable resolutions.
At Hymson Goldstein Pantiliat & Lohr, PLLC, our attorneys have completed specialty training in mediation and arbitration, with individual expertise in personal injury, medical malpractice, family matters, including child custody and visitation, commercial and business issues, real estate issues, intellectual property issues, bankruptcy, and estate and probate disputes.