Alternative Dispute Resolution commonly referred to as “ADR,” is a means for disputing parties to come to an agreement outside of the formal litigation process. Common types of ADR include negotiations, arbitration, and mediation.
Negotiations for settlement can be discussed by parties at any stage of litigation. Typically, settlement negotiations occur when the parties discuss potential agreements outside of court. There are instances, however, where parties may request the court’s assistance in effectuating settlement negotiations.
Mediation differs from settlement negotiations in that a third party, called a Mediator< is involved. The Mediator is a neutral third party who assists the parties in discussing a settlement. Typically, the Mediator will allow both parties to present their respective sides of the story and will also meet separately with each of the parties to discuss options. The Mediator does not have the power to force a settlement and the mediation discussions are non-binding and typically confidential.
Although arbitration is an out of court process, it involves limited discovery and presentation of evidence. The parties select a neutral third party called an Arbitrator (or a panel of multiple Arbitrator) to hear and decide the matter. The Arbitrator thus determines who wins and the decision is binding. An Arbitrator’s decision may only be appealed in limited circumstances.
It is important to have skilled, experienced attorneys on your side. The attorneys at Raiser & Kenniff, PC are committed to effectively negotiate on your behalf.