If you’re seeking alternative dispute resolution in Bucks County, you’re not alone.
Individuals, companies, and even government organizations are all subject to lawsuits, and this can often result in painful court battles, which is why people to go the ADR route instead.
Anyone who has been tangled up in a lawsuit knows the significant costs involved. The legal system in America isn’t cheap, especially for the little guy. Cost reduction is a primary driver for those seeking alternative dispute resolution in Bucks County.
And depending on the specifics of your complaint or suit, you may be involved in the litigation process for over a year or more. ADR, in a best case, can create a legally-binding resolution in a matter of hours, rather than months.
Let’s look at some of the most common forms of ADR, and how they work.
By far the most popular type of alternative dispute resolution, arbitrations consist of an impartial third-party, known as the arbitrator, who considers each side’s testimony and all relevant facts. His decision is legally-binding and final. It can also be accomplished in a single meeting.
Be mindful, an arbitration process is facilitated by an independent arbitrator who is not affiliated with any court or municipality. Your arbitration hearing will be held in a private office somewhere, not in your local courthouse. If a speedy and affordable resolution is your goal, the arbitration process might be your desired form of ADR.
Also, take note that your arbitrator may not be an attorney, but often will be either an attorney or retired judge. Technically, no specific training or qualifications are required to serve as an arbitrator should all parties to the dispute agree upon a specific individual.
Another variety of alternative dispute resolution you might consider is mediation. This ADR type utilizes a different third-party entity. A mediator is tasked with the challenge of facilitating a mutually-acceptable agreement between two or more conflicting parties. Rather than deciding the outcome as an arbitrator or judge would, a mediator simply mediates.
His job is to facilitate communication, compromise, and rationality between all parties to a dispute. A mediator can greatly help conflicting parties realize the possibility of compromise and thereby help it come about. Mediation, however, will not be effective if any side to the dispute is unwilling to compromise.
As the name implies, a settlement conference is an ADR used when at least one party is expecting to either pay or receive a settlement. Rather than have each party go through a lengthy court settlement and incur additional costs, this conference determines the specifics of contested settlement terms.
In most settlement conference scenarios, each party is nearly always still accompanied by their own legal representation. Another individual, known as a “settlement officer,” will preside over the entire conference and assist all parties to negotiate a mutually agreeable outcome.
Which one is best for my situation?
Regardless of the specifics of your legal conflict, you may be able to handle the dispute using some form of alternative dispute resolution. If you’re still unsure which type of ADR is best for you and how you can proceed in the process, help is available.
The team of qualified legal professionals at Benner and Wild can assist you in deciding these matters. Their staff is experienced in facilitating ADR proceedings for their clients. Reach out to Benner and Wild, attorneys at law, today and begin a conversation about your dispute and the potential of your reaching a resolution using an ADR proceeding.