Category Archives: Alternative Dispute Resolution

What is Mediation in California Law Terms?

Sometimes once a lawsuit is filed, the court will order mediation to take place. This is usually done at the scheduling conference after discovery concludes and before the pre-trial begins. The timing of mediation is important as it is only successful if both the defense and claimant have all information available. Mediation is generally the last step before a case moves to pre-trial, and as such, it is a good idea to have representation in place from our Palm Springs mediation attorneys if you wish to avoid a trial. 

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Alternative Dispute Resolution: Save Time and Money in Legal Arbitration

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.

Avoid Litigation with Alternative Dispute Resolution

An important side of our ability in achieving the self-made resolution of commercial disputes is our attorneys’ expertise in alternative dispute resolution. Resolving issues in commercial litigation and disputes can be core to a company’s business implementation and strategy. When disputes arise, business owners and public entities can usually choose to settle outside the court, through judicial litigation procedures, instead of facing trial.

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Why More Companies Seek Mediation Over Litigation

What Is Mediation

Mediation is a preferred measure to handle disputes, when you’re not ready for customer litigation. The legal needs of many people and businesses alike. More professionals are finding mediation easier than a lengthy court trial that can be expensive. There has been an estimated $75.3 billion dollars spent worldwide on litigation. Continue reading

Benefit of Using Alternative Dispute Resolution to Resolve Disputes

Going to trial is not the only way to resolve a particular legal dispute. Even if a matter goes to litigation, the two parties can always negotiate a settlement by undergoing the process known as alternative dispute resolution. The various methods of this process include mediation, negotiation, arbitration and collaborative law. Using ADR provides parties with a number of different benefits. One of our Palm Springs arbitration lawyer can explain to you how ADR can help resolve any business dispute.

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An Eye Opener on How to Handle Commercial Litigation Using Alternative Dispute Resolution

In today’s world of business, most business organizations are fond of suing other firms and, the same time, are being sued. However, if a firm is not careful, they can find themselves on the wrong side of the arm when a lawsuit becomes serious, and a legal battle erupts. This is because the hearing sessions can take a long duration before a verdict is met. At the same time, both parties entangled in the lawsuit end up spending a lot of money in solving the case. It is for this reason that most parties that find themselves in such a situation opt to engage in an alternative dispute resolution as a better way of solving their differences. Continue reading

5 Ways to Settle Disputes Without Litigation

We find that people involved in a legal action assume that a day in court is the only way to resolve the matter. However, it is important to realize that there are other options available to save time and money. Included here are a few alternative methods that have been used successfully to settle a legal matter out of court. Continue reading

What is Arbitration – Binding Vs. Non-Binding?

Alternative Dispute Resolution (ADR) makes use of arbitration to give all the parties involved the opportunity to search for a greater resolution to the situation that will not necessitate them to bring the matter to the court or pay more than needed. The mediation or negotiation is one of the options that ADR suggests whenever there is a conflict, and it does not require the presence of a jury. Continue reading

Settling Wills Through Mediation

Often, parties fight over a will. This dispute escalates because the parties are not able to come to a meeting of the minds over the will’s contents. Certainly, the parties would prefer to handle the will without going to court. Consequently, a mediator is called in to handle the dispute in a timely manner without the hassle of incurring more court cost. Continue reading

How To Choose A Quality Mediator

What Is Mediation?

Mediation is an assisted negotiation that involves a neutral third party to help resolve issues for individuals, businesses, and corporations. The goal is to help both parties reach an agreement that is acceptable to both of them. However, this may not always be a case. A mediator should never guarantee either party a specific outcome. Continue reading

Why Businesses Need a Mediator in a Dispute Case

A mediator is going to help you get the best results from any kind of situation that needs a third party to resolve a dispute. Our Palm Springs mediation attorneys help you get resolution for your case. A mediator’s job is to “step in” to the dispute with their expertise in conflict resolution. The goal is to resolve the issue to prevent the dispute being resolved in court.

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Mediation contracts still have not gained acceptance

The idea of putting a mediation provision into a commercial contract is getting more popular with both businesses and individuals. In this case both sides are required to go to mediation before going to a lawsuit to settle their differences. Some cases could be worked out this way and saved everyone time and money, but it will not work in all cases. Continue reading