Mediation, Arbitration, and Alternative Dispute Resolution (ADR)
Mediation, Arbitration, and Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) offers non-judicial methods for resolving legal conflicts outside of the courtroom. Commonly used ADR techniques include arbitration and mediation, in which outcomes are determined by an arbitration panel or a neutral mediator rather than a court of law. While attorneys often participate in these processes, the final decisions do not come from a judicial authority.
Arbitration is an alternative to going to court that is generally more efficient, cost-effective, and less complex than traditional litigation. It is a formal process where the disputing parties select a neutral third party, called an arbitrator, to resolve their conflict. In most cases, attorneys represent the involved parties, and the process includes discovery, possible hearings, and testimony under oath. Ultimately, the arbitrator(s) will render a final and binding decision.
Mediation offers a flexible alternative to arbitration, as it can be initiated at any time before or during the arbitration process, sometimes referred to as a “straight-in mediation request.” It is an informal process in which the disputing parties voluntarily work with a trained, neutral mediator who facilitates negotiations, helping them find a mutually acceptable solution. Unlike an arbitrator, the mediator has no power to decide the dispute; rather, their role is to facilitate conversations between the parties to assist them in reaching a resolution. Both parties must agree to participate in mediation.
Utilizing an attorney as a mediator, negotiator, or arbitrator can benefit the alternative dispute resolution (ADR) process. Disputes often involve complex legal issues, such as intellectual property laws or detailed contract provisions, which an attorney’s expertise can help navigate. Additionally, when each disputing party views the situation through the lens of their own interests, an attorney serving as a neutral mediator can leverage their legal knowledge to bring balance and fairness to the ADR proceedings. Our firm advises clients on the benefits of arbitration and mediation in these situations.
The following lawyers in the firm practice in this area. To learn more, please click on a lawyer’s name to see a biographical profile. Attorneys are listed in alphabetical order.
