By David Baron
The Alternative Dispute Resolution procedure is a more efficient and cost-effective option to the very expensive and often time-consuming process of a drawn out investigation and trial. Alternative dispute resolution (ADR) refers to various legal procedures that assist you in finding solutions to disagreements without a trial. ADR is typically divided into at least four categories: negotiation, mediation, collaborative law, and arbitration. Sometimes a fifth sort, conciliation, is featured; however for our objectives, it may also be considered mediation.
What is Alternative Dispute Resolution?
ADR is a private and solely voluntary course of action wherein an impartial third party assists persons engaged in a legal dispute to resolve issues.
If all parties and their counsel jointly come to an agreement involving an ADR Agreement, the authorized legal counsel will assist them with:
(a) specify the primary matters in dispute
(b) establish a realistic schedule for the conclusion of any necessary discovery
(c) develop confidential and undisclosed impartial case assessments for each party relating to the likely result of the matters in dispute
(d) make informal evaluations regarding the time and expense needed to perform their pretrial activities.
Privacy is Essential in ADR
No party included in the dispute decision may subsequently divulge specifics of the disagreement, the details or outcome of any discussion, mediation, or arbitration without explicit written permission of all participants, except in cases where it is required to enforce or challenge the negotiated agreement or the arbitration award; required by law, or as required for financial and tax reports and/or audits. In the mediation procedure, the mediator assists the participants in determining vital issues , pinpoint disagreements , examine remedies , and negotiate a resolution as an alternative to going through a costly and lengthy trial.
Contact our Palm Springs alternative dispute resolution attorneys to discuss your case and how we can help you.