Avoiding Trial: Benefits of Alternative Dispute Resolution Services
Court proceedings leading to full-blown trials for civil disputes are expensive, time-consuming and, in many cases, leave one side the winner and the other the loser. With such a 50/50 chance, there are benefits to seeking middle ground for all involved. Alternative dispute resolution (ADR) programs settle civil disputes through mediation and arbitration, and are being encouraged by legislatures and adopted by courts nationwide.
Settle Cases Quicker Than In The Court System With Coachella Valley Alternative Dispute Resolution Services
Coachella Valley mediation attorneys are experts in the field of alternative dispute resolution procedures. Their focus is on education and settlement between both parties in negotiating a solution. Besides the benefits of a negotiated settlement at a lower cost, many cases are settled through ADR quicker than those snaking through the court system.
Coachella Valley alternative dispute resolution services are particularly beneficial to parties needing to settle disagreements while maintaining business relationships between each other. Avoiding the adversarial nature of a trial, mediation and conciliation can preserve business ties while keeping settlement details confidential and out of public court files.
Alternative dispute resolutions, which rely on neutral facilitators to guide the parties toward a solution, can take several approaches.
Each side presents their position to an arbitrator, sometimes an individual and sometimes a panel, and a binding decision is rendered that cannot be appealed in court. A Coachella Valley arbitration lawyer can be valuable in this process. Other forms include high-low arbitration, where a financial award is guaranteed to be within a preset and agreed range. And nonbinding arbitration uses a neutral party to hear both sides and focus the discussion toward a later resolution.
Similar to nonbinding arbitration, a nonbinding mediation employs an independent meditator with expertise in the nature of the specific case. Although nonbinding, and either party can back out at any time, this process focuses on reaching a settlement short of trial.
In mini or simulated trials, the parties or attorneys present their case in an abbreviated form to a neutral jurist who issues an opinion as a template for settlement negotiations. In conciliation, a mediator meets separately with both parties, who do not face each other in person, and works toward a resolution.