Alternative Dispute Resolution Archives

In the realm of legal disputes, the court isn’t the only path to resolution. Increasingly, individuals and businesses are turning to alternative dispute resolution (ADR) to settle conflicts efficiently and amicably. A lawyer versed in ADR methods can offer clients more flexible, cost-effective solutions than traditional litigation. This blog post delves into the nature of ADR and highlights its benefits, providing insights for those considering this approach. Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, and surrounding communities.

What is Alternative Dispute Resolution?

Alternative Dispute Resolution (ADR) encompasses various techniques designed to settle disputes without the need for litigation. ADR includes methods like mediation, arbitration, and negotiation, each offering a unique approach to resolving conflicts. Unlike traditional court proceedings, ADR focuses on collaborative solutions and often allows parties more control over the outcome.

Mediation involves a neutral mediator who facilitates discussion and helps parties reach a mutually acceptable agreement. In arbitration, an arbitrator listens to both sides and makes a binding decision based on the evidence presented. Negotiation, the most direct form of ADR, entails the disputing parties working together, sometimes with the assistance of their lawyers, to find a mutually beneficial resolution.

These methods are generally less adversarial and more private than court cases, offering a conducive environment for open communication and compromise. ADR can be tailored to fit the specific needs and circumstances of the parties involved, providing a flexible framework for dispute resolution. Whether it’s a business disagreement, a family matter, or a contractual conflict, ADR offers an alternative path to achieve resolution outside the courtroom.

Advantages of Using ADR

ADR offers numerous advantages over traditional court cases. One significant benefit is the potential for reduced costs. Court litigation can be expensive due to attorney fees, court costs, and prolonged timelines. ADR typically involves fewer procedural formalities, leading to lower expenses. Additionally, ADR processes are generally quicker, allowing parties to resolve their disputes and move forward more swiftly. Privacy is another key advantage, as ADR proceedings are usually confidential, unlike court cases that become part of the public record.

Moreover, ADR promotes a less adversarial atmosphere, encouraging collaboration and open communication. This environment is particularly beneficial for parties who need to maintain ongoing relationships, such as business partners or family members. The flexibility of ADR allows parties to tailor the process to their specific needs, resulting in more customized and satisfactory outcomes.

The control over selecting mediators or arbitrators ensures that parties can choose individuals with the appropriate expertise and experience relevant to their dispute. This can lead to more informed and effective resolutions. Lastly, ADR often provides a less stressful experience compared to the rigors of court trials, making it a more appealing option for those seeking a less confrontational way to resolve their disputes.

Mediation: A Collaborative Approach to Conflict Resolution

Mediation is a process where a neutral mediator helps disputing parties communicate and find common ground. Unlike arbitration, where the arbitrator makes a binding decision, mediation empowers the parties to reach their own agreement. This method emphasizes cooperation and allows for creative, tailored solutions that meet the specific needs and interests of both sides.

During mediation, the mediator facilitates open dialogue, ensuring that each party has the opportunity to voice their concerns and perspectives. This environment fosters a deeper understanding of the underlying issues and can lead to more satisfactory and durable resolutions. Mediation is particularly effective in situations where preserving relationships is important, such as in family disputes, business partnerships, and community conflicts.

The flexibility of mediation also extends to the process itself. Sessions can be scheduled at convenient times and locations, and the informal setting encourages a more relaxed and constructive atmosphere. Additionally, the confidentiality of mediation ensures that discussions remain private, allowing parties to speak freely without fear of public disclosure.

Mediation is a versatile tool that can be applied to a wide range of conflicts, from minor disagreements to complex issues. By focusing on collaboration rather than confrontation, mediation helps parties find mutually acceptable solutions and fosters a sense of shared responsibility for the outcome. This approach not only resolves the immediate dispute but also lays the foundation for more positive interactions in the future.

Arbitration: A Formal Yet Flexible ADR Method

Arbitration, another popular form of ADR, involves an arbitrator who hears evidence and arguments from both parties before making a binding decision. While it is more formal than mediation, arbitration remains less rigid than traditional court proceedings. One significant advantage is the ability for parties to select their arbitrator, often choosing someone with specific expertise relevant to their dispute. This specialized knowledge can lead to more informed and effective resolutions.

The arbitration process is also more streamlined, often resulting in quicker resolutions compared to the lengthy timelines associated with court cases. Additionally, arbitration sessions can be scheduled at mutually convenient times, offering greater flexibility for the involved parties. Unlike public court trials, arbitration proceedings are typically private, ensuring confidentiality and allowing parties to discuss sensitive issues without concern for public disclosure.

Arbitration is especially beneficial in cases requiring technical expertise or when a binding resolution is necessary. For instance, commercial disputes or industry-specific conflicts often benefit from the specialized knowledge that an arbitrator can provide. While the arbitrator’s decision is binding and less open to appeal, the process itself is less adversarial, fostering a more cooperative environment for dispute resolution.

In arbitration, the flexibility to tailor procedures to the parties’ needs offers more control over the dispute resolution process, making it a viable alternative to traditional litigation.

Negotiation: Direct and Informal ADR Method

Negotiation is the most straightforward form of alternative dispute resolution (ADR), focusing on direct communication between the disputing parties, sometimes with the assistance of their lawyers. This method emphasizes flexibility and informality, allowing for discussions that can lead to mutually beneficial agreements without the constraints of formal procedures. Because negotiation is less structured, it permits parties to explore a wide range of potential solutions, many of which may not be achievable through more formal ADR processes or litigation.

Negotiation’s simplicity makes it an accessible option for resolving a variety of disputes, from minor disagreements to more complex issues. The absence of third-party intervention means that the parties themselves control the process and the outcome, which can be empowering and lead to more satisfactory resolutions.

Moreover, negotiation can be conducted at any time and place convenient for the parties involved, eliminating the need for formal scheduling and procedural requirements. This flexibility often results in quicker resolutions, allowing parties to move forward without the delays associated with court cases or more formal ADR methods.

The informal nature of negotiation fosters an environment conducive to open dialogue and compromise. By focusing on the interests and needs of both sides, negotiation can help maintain or even strengthen relationships, making it a particularly effective method for disputes involving ongoing personal or business interactions.

The Role of Lawyers in ADR Processes

Lawyers are essential in the ADR process, providing invaluable expertise and guidance. In mediation, they assist clients in presenting their concerns clearly and negotiating effectively. During arbitration, lawyers prepare and present evidence, ensuring that their client’s case is compelling and well-supported. Additionally, they help select arbitrators with the right expertise, enhancing the chances of a favorable outcome. In negotiation, lawyers offer strategic advice, helping clients navigate discussions to achieve the best possible agreements. Their knowledge of the law and experience in ADR processes enable them to anticipate potential challenges and craft solutions that align with their clients’ goals. By leveraging their skills, lawyers make the ADR process smoother and more efficient.

Choosing the Right ADR Method for Your Case

Selecting the appropriate ADR method requires careful consideration of the dispute’s nature, the parties’ relationship, and the desired outcome. Mediation is often the best choice for conflicts where maintaining a relationship is important, such as in family matters or ongoing business partnerships. It offers a collaborative environment where parties can openly discuss their issues and work towards a mutually beneficial solution.

Arbitration might be more suitable for cases that need a binding resolution, especially when technical expertise is required. This method is commonly used in commercial disputes where parties prefer a private yet formal setting to resolve their issues efficiently. The ability to choose an arbitrator with relevant industry knowledge can result in a more informed and effective resolution.

Negotiation stands out for its simplicity and flexibility, making it ideal for less complex disputes or when parties prefer to resolve their issues directly. This method allows for creative solutions tailored to the specific needs of both parties without the formalities of mediation or arbitration.

It’s crucial to assess the dispute’s complexity, the importance of confidentiality, and the necessity for a binding decision when choosing an ADR method. Consulting a lawyer experienced in ADR can provide valuable insights into which approach will best serve your interests. They can guide you through the process, help you understand the implications of each method, and assist in achieving a satisfactory resolution efficiently.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Starting a business with a friend may seem like a dream come true – you get to work with someone you trust and have a strong relationship with. However, what many people fail to realize is that starting a business with a friend can also come with its fair share of challenges and potential pitfalls. That’s why it’s crucial to have an attorney by your side when embarking on this journey. In this blog post, we’ll explore the reasons why hiring an attorney is essential when starting a business with a friend. Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.

The Risks of Mixing Friendship and Business

Starting a business with a friend may seem like the perfect scenario, but it’s important to be aware of the risks that come with mixing friendship and business. One of the main challenges is the potential for disagreements and conflicts. When you have a personal relationship with someone, it can be difficult to separate emotions from business decisions. Disagreements over money, roles, or the direction of the company can strain even the strongest of friendships. Another risk is the potential for unequal contributions. Friends may have different levels of commitment or skillsets, leading to resentment and imbalances within the business. Lastly, if the business fails, it can put a strain on the friendship, as financial stress and blame can lead to a breakdown in the relationship. By understanding these risks, you can take proactive steps to mitigate them and protect both your friendship and your business.

Legal Challenges in Friend-based Businesses

Starting a business with a friend may sound like a great idea, but it can come with its fair share of legal challenges. One of the main issues is the lack of clear boundaries and agreements. Without proper legal documentation, it can be difficult to determine each person’s roles, responsibilities, and rights within the business. This can lead to confusion, disagreements, and potential legal disputes down the line.

Another legal challenge is the potential for personal liability. When you start a business with a friend, it’s important to understand that you may be held personally responsible for any debts, liabilities, or legal actions taken against the business. This can have serious consequences for both your business and personal finances.

Additionally, intellectual property rights can become a contentious issue. If you and your friend come up with a unique idea or invention, it’s crucial to have legal protection in place to ensure that both parties are properly credited and compensated for their contributions.

By hiring an attorney, you can navigate these legal challenges and ensure that your business is set up for success. An attorney can help you create a partnership agreement, draft contracts, protect your intellectual property, and provide guidance on legal obligations and liabilities. Don’t let legal challenges strain your friendship or put your business at risk – enlist the help of an attorney to protect your interests.

How an Attorney Can Help Mitigate these Risks

When starting a business with a friend, it’s crucial to have an attorney by your side to help mitigate the potential risks and challenges that may arise. An attorney can provide valuable guidance and assistance in several key areas.

First and foremost, an attorney can help you navigate the legal complexities of starting a business. They can ensure that you have the necessary documentation and agreements in place, such as partnership agreements, contracts, and intellectual property protections. By having these legally binding agreements in place, you can clarify roles, responsibilities, and rights within the business, helping to prevent disagreements and potential legal disputes down the line.

Furthermore, an attorney can provide valuable advice on legal obligations and liabilities. They can help you understand the potential personal liability that may come with starting a business and guide you on how to protect your personal assets. This can be crucial in ensuring that both your business and personal finances are safeguarded.

Lastly, an attorney can help you navigate any legal issues that may arise during the course of your business. They can provide guidance on compliance with laws and regulations, help you handle disputes or legal actions, and protect your interests in any potential legal proceedings.

By enlisting the help of an attorney, you can mitigate the risks associated with starting a business with a friend and ensure that your business is set up for success. They can provide the necessary legal expertise and guidance to protect both your friendship and your business venture.

Case Studies of Businesses Started by Friends: The Good, The Bad, and The Ugly

Starting a business with a friend can be a rollercoaster ride filled with ups and downs. To shed light on this, let’s take a look at some real-life case studies of businesses started by friends.

In “The Good” category, we have the story of John and Sarah. They were childhood friends who shared a passion for baking. Together, they started a successful bakery that quickly gained a loyal customer base. Their friendship and trust in each other allowed them to divide responsibilities efficiently and make important business decisions collaboratively. With clear communication and mutual respect, John and Sarah built a thriving business while maintaining a strong friendship.

On the other hand, “The Bad” case study tells the story of Tom and Mike. They were best friends who decided to start a tech company together. However, they soon realized that their visions for the company differed significantly. This led to constant disagreements and a lack of cohesion within the business. The strain on their friendship became unbearable, and eventually, they had to dissolve the company and their friendship suffered greatly.

Lastly, in “The Ugly” case study, we have the story of Lisa and Amy. They were close friends who opened a fashion boutique. However, they failed to establish clear boundaries and roles within the business. This resulted in conflicts over decision-making, finances, and creative direction. Unable to find a resolution, they ended up in a bitter legal battle that not only destroyed their business but also their friendship.

These case studies illustrate the importance of navigating the complexities of starting a business with a friend. It is crucial to have a clear understanding of roles, effective communication, and proper legal documentation in place. With the guidance of an attorney, you can learn from these case studies and protect both your friendship and your business venture.

Essential Agreements You Should Have in Place When Starting a Business With a Friend

When starting a business with a friend, it’s crucial to have certain agreements in place to protect both your friendship and your business venture. These essential agreements can help clarify roles, responsibilities, and expectations, and provide a solid foundation for your business. One crucial agreement is a partnership agreement, which outlines the ownership structure, profit sharing, decision-making processes, and how disputes will be resolved. This agreement helps prevent misunderstandings and conflicts down the line.

Another important agreement is a non-disclosure agreement (NDA), which ensures that confidential information shared between you and your friend remains protected. This is especially crucial if you plan on sharing trade secrets, business plans, or other sensitive information.

Additionally, having a clear and comprehensive operating agreement can help establish guidelines for day-to-day operations, management responsibilities, and procedures for adding or removing partners. This agreement can help prevent misunderstandings and provide a roadmap for your business.

Finally, it’s important to have employment agreements or contracts for any employees or contractors you hire. This ensures that everyone is on the same page regarding expectations, compensation, and job responsibilities.

By having these essential agreements in place, you can set clear expectations, protect your interests, and minimize the risk of conflicts and misunderstandings. An attorney can help you draft and review these agreements, ensuring that they are legally sound and tailored to your specific needs.

Choosing the Right Attorney for Your New Business Venture

When it comes to starting a business with a friend, choosing the right attorney can make all the difference. You need someone who not only has expertise in business law, but also understands the unique challenges and dynamics that come with starting a business with a friend.

First and foremost, you’ll want to find an attorney who has experience working with partnerships and can help you navigate the legal complexities of starting a business together. Look for someone who can provide guidance on creating a partnership agreement, drafting contracts, and protecting your intellectual property.

In addition to expertise, it’s important to find an attorney who you feel comfortable with and can communicate effectively with. Starting a business is a significant endeavor, and having an attorney who understands your goals, values, and concerns can help make the process smoother and more successful.

Take the time to research and interview multiple attorneys to find the one who is the best fit for your new business venture. Trust and open communication are essential when working with an attorney, so choose someone who you believe will be a reliable and supportive partner on your journey.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.

Arbitration and mediation are alternative approaches to dispute resolution that allows companies, individuals and other entities to come to an agreement in a non-adversarial setting. Mediation should be the first step before arbitration because it provides an opportunity to discuss and resolve the issue in a more informal setting. Mediator is essentially an unbiased third party that works to get the two parties to discuss privately.

The seasoned attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding locations.

Overview of Mediation and Arbitration

Arbitration is a popular dispute resolution method in which both parties appear before an arbitrator. This can be a retired judge or someone similar with experience in the sector or industry. Arbitration process is very similar to a court proceeding, although, it is less formal. Each side gets the chance to present their case, show evidence, make arguments, and offer witness testimony. Both sides may have attorneys representing them.

In mediation, a neutral third party works as the mediator to help the disputing parties come to a mutual agreement. Typically, the mediator would have received mediation training. They may be a retired judge, attorney, or a therapist (in case of a divorce). Mediation is more focused on working through different issues and coming up with a resolution that both parties are comfortable with.

In many cases, mediation is required as a necessary step to move forward with a court proceeding. This is generally seen in child custody cases where both parents are asked to come to an agreement in an amicable fashion in the presence of a mediator.

Benefits of Mediation Before Arbitration

Mediation is handled as a series of meetings. You don’t need to attend formal hearings. The mediator may meet the parties together or separately depending on individual circumstances. Based on this, the decision regarding the dispute would be taken with both parties present. The agreement arrived at during mediation is nonbinding until it gets converted to a judgment or court order.

Mediation should be considered the first step in the alternate dispute resolution process. These are a few advantages mediation has over arbitration:

Less expensive as compared to arbitration.
More informal since arbitration follows the same process and environment as a court proceeding.
Outcome may be reached more quickly as compared to arbitration.
The process is more intimate. Attorneys may or may not form part of mediation.
Mediation can be flexible as required. It can be scheduled as per everyone’s convenience.
Mediation is a creative process which allows both parties to come up with solutions they are comfortable with. Mediator acts as a facilitator to help both parties arrive at a solution.
The parties have the opportunity to negotiate directly and talk with each other
Conflict resolution skills are encouraged by a mediator. Both parties can avoid arbitration and court by applying those skills on their own.
Mediator works with both the parties to help them arrive at a resolution. This is different from arbitration, where the arbitrator typically acts as a judge.

The adept and serious lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

Have any legal questions? Contact the Attorneys at SBEMP Law Firm:

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

A new amendment signed by the Governor will set new mediation disclosure and acknowledgement requirements in California. Effective January 1, 2019, SB 954 requires attorneys to provide consumers with a disclosure explaining the confidentiality restrictions in mediation.

Under existing law, anything said during a mediation consultation or during the mediation is not admissible in evidence nor subject to discovery, and all communications, negotiations, and settlement discussions by and between participants or mediators are confidential, except as specified.

SB 954, signed by the Governor on September 11, 2018, amends Section 1122 of the California Evidence Code and adds Section 1129, requiring attorneys representing a person participating in a mediation or a mediation consultation to provide his or her client with a printed disclosure containing the confidentiality restrictions related to mediation, and contains specified language compliant with the form of disclose that attorneys are required to make to their clients. Attorneys are to obtain a printed acknowledgment signed by that client stating that he or she has read and understands the confidentiality restrictions.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage), CA; Costa Mesa (Orange County), CA; San Diego, CA; Princeston, NJ; and New York, NY.

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It is a popular misunderstanding that cases are always appealed. The losing party does not usually have the right to appeal automatically.

There should typically be legal grounds for the appeal such as an alleged material error in the trial. An appeal cannot be made merely on the basis of the fact the losing party that did not find the verdict agreeable.

SBEMP (Slovak, Baron, Empey, Murphy, & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and other towns and cities in these parts of the country.

Appeals in Civil and Criminal Cases

Either party has the right to appeal to a higher court in a civil case. However, in criminal cases, only the defendant has a right to an appeal in a majority of states. Certain states give the prosecution a limited right to appeal to establish specific points of law.

These appeals typically take place prior to the commencement of the actual trial. In a normal scenario, appeals by the prosecutor following a verdict are typically disallowed as the prohibition in the U. S. Constitution against double jeopardy or undergoing trial for the same crime twice.

There are additional safeguards for criminal defendants convicted in state courts. If they use all of their rights of appeal in state courts, they are eligible to file a writ of habeas corpus in the federal courts to try to showcase that their federal constitutional rights are in violation.

In this manner, federal reviews impose a check on any abuse that may have taken place in state courts.

An appeal does not refer to a retrial or a new trial of the same case. New witnesses or evidence is typically inadmissible in appeals courts. Civil or criminal case appeals frequently find their basis in arguments that were erroneous in the course of the trial or erroneous interpretation of the law by the judge.

Appeal Procedure

The party filing the appeal is known as the appellant, or at times, the petitioner. The opposite party is called the respondent or appellee. With the filing of a notice of appeal, the appeal is instituted.

At times, an appeals court may decide based only on the written briefs while sometimes they may hear verbal arguments before issuing a decision. Frequently, the court will require an oral argument of the case or a party involved in the case will request for an oral argument.

Following the oral argument or presentation of the case for judgment, the judges of the appeals court will have a conference to discuss the case. The decisions issued by appellate courts are usually in a written format, especially when the decision involves a new interpretation of the law or creates a new precedent.

During the conference, one judge will be chosen to write an opinion. This opinion may undergo many drafts before a majority of the court is in agreement. In case a judge disagrees with the opinion of the majority, they may issue a dissenting opinion.

SBEMP law firm serves clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Mediation and Arbitration

To settle disputes without litigation, a procedure known as Alternative Dispute Resolution (ADR) can be used. ADR employs methods such as such as mediation, negotiation, or arbitration to settle disputes. ADR procedures are typically less expensive and lead to a faster resolution.

Nowadays they are increasingly being used to settle disputes that would have otherwise warranted litigation. ADR is utilized to settle various types of disputes including divorce actions, labor disputes, and personal injury claims.

A key reason for parties preferring ADR proceedings is that such procedures are usually collaborative and enable the parties to comprehend each other’s stance, unlike adversarial litigation. Furthermore, ADR facilitates the parties to propose creative solutions which may not be in the legal purview of a court of law.

SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and surrounding communities.

Key Terms to Understand

Arbitration: This process is akin to an informal trial. In arbitration, an impartial third party assesses both sides of an issue and makes a decision. The decision may be binding or non-binding, according to the agreement between the parties.
Binding and non-binding: A binding decision refers to a ruling that the parties must comply with regardless of whether they are in agreement with it or not. A non-binding decision refers to a ruling that the parties may or may not accept.
Arbitrator: An arbitrator is an impartial third-person who has been given the authority to offer dispute resolution by hearing both sides of the dispute and arriving at a decision.
Hearing: A hearing is a proceeding where the evidence and arguments are outlined in front of a decision maker who issues a ruling.

Mediation: This is a collaborative procedure involving a mediator who engages with the parties to arrive at a solution that is mutually agreeable. Mediation is typically non-binding.

Other Factors to Consider When Selecting an ADR Lawyer

While ADR proceedings intend to decrease expenses and stress as well as the formality associated with court procedures, several parties still seek the services of attorneys to represent them in the ADR process. On top of this, these parties require pre-proceeding consultations regarding potential solutions or strategies.

Similar to any legal proceeding, you should engage an experienced attorney who has in-depth knowledge and expertise in your specific legal issue as well as familiarity with the collaborative ADR process.

In addition, mediators and arbitrators are typically lawyers themselves. Instead of hiring an attorney to represent each of the parties in ADR proceedings, certain parties arrive at an agreement to employ a single attorney to be an impartial third party and guide the resolution while ensuring that all the solutions proposed are in the realm of legality.

If you are embroiled in a legal matter that you would like to seek ADR proceedings for, you should reach out to an ADR lawyer promptly to explore your legal alternatives. SBEMP law firm serves clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, San Diego, New Jersey, New York, and other neighborhoods and communities in these regions of America for a range of legal practice areas.

For more information or to request a consultation please contact the law offices of SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) by clicking here.

Alternative dispute resolution is the term for methods used to resolve disputes without trial in a traditional law court. Parties may seek ADR services like SBEMP’s Coachella Valley Alternative Dispute Resolution services before going to court or the court may require that they attempt ADR before litigation. (more…)

Arbitration and mediation are viable alternatives for those seeking to avoid litigation. But arbitration is often the better choice for several reasons. We’ve outlined the benefits of choosing arbitration over litigation in this post.

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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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Losing your court case is not the end. If you feel the outcome was wrong or you want to protect a favorable ruling, getting a consultation with an established law firm can help handle the appellate process. SBEMP has experienced Palm Springs civil appeals attorneys who efficiently handle appellate law.

The First Steps of the Process:

After the decision, your lawyer files a notice of appeal.
A complete examination of all related documents to the court ruling will uncover any flaws to exploit in your case.
After this examination, your attorney will formulate a forward-thinking strategy and draft compelling appellate papers.
An appellate brief is drafted, then submitted to the court.
Your case is then heard in front of a panel of judges.

Strategy Execution:

Our skilled attorneys will use all the tools available to make a compelling argument for your case. This may include interlocutory appeals, or writs, to enhance your position during the trial process.

The strength of the case in the appellate process depends on clear and validated facts. The Information must be written in a concise manner, backed by thorough research. The SBEMP attorneys then construct expert written and oral arguments.

Recognizing how lives are impacted with appeals is of utmost importance. The attorneys of SBEMP have harnessed a thorough understanding of federal and state appellate court in California.

Our Palm Springs civil appeals attorneys are an invaluable resource. Contact our law offices to discuss your case with one of our experienced attorneys.