There are quicker and less costly ways to resolve disputes than judicial litigation and trial. Sometimes these alternatives to court also present a more efficient means of resolving disputes. Methods of Alternative Dispute Resolution (ADR) include Arbitration, Mediation and Neutral Evaluation. These methods may be used in combination and either before or after a lawsuit is filed.
Arbitration is a form of “mini trial” where the rules of evidence are more flexible than in litigation, and in which a neutral person or panel decides the claims after written presentations by the parties and an abbreviated presentation of evidence. The parties may agree in advance that the arbitration decision will be binding on the parties, in which case the decision may be filed with the appropriate court, giving it the benefits of a judgment in that court.
Mediation is designed to bring the parties to a compromise. Mediation can be used in contract negotiation as well as in dispute resolution. The mediator reviews written submissions by the parties and then meets with them together and separately for candid discussions of the claims. If successful, the parties leave mediation with an agreement which is then memorialized by their attorneys.
Neutral Evaluation provides the parties with an evaluation of their claims and defenses by a neutral person. The parties make written and oral presentations, and the neutral gives the parties the benefit of his or her view of the claim and an opinion of its value. Similar to non-binding arbitration, the Neutral Evaluation gives the parties a more detailed understanding of the positive and negative aspects of their claims and defenses.
Alternative Dispute Resolution with Gross, Minsky & Mogul, P.A.
Many of the attorneys of Gross, Minsky & Mogul, P.A., are experienced in acting as ADR neutrals and in engaging in all forms of ADR. When acting as a neutral, we carefully review and consider the presentations of the parties and provide them with insights that are difficult to obtain from the attorney acting as an advocate for a client. Decisions are timely and well reasoned.
We are also skilled in participating in ADR on behalf of our clients. We first assist the client in determining whether, when and what type of process is most appropriate for a given dispute. (With a few exceptions, court rules require that the parties engage in ADR once a lawsuit is filed.) At the dispute resolution proceeding, we prepare and conduct ourselves as we would for trial, without forfeiting the beneficial cost savings to be gained by taking this approach.
As the cost of litigation grows, Alternative Dispute Resolution has become a popular means of resolving conflicts that arise from personal and commercial relationships. The attorneys at Gross, Minsky & Mogul, P.A., are able to guide you through the process for a more expedient and cost effective result.