Alternative dispute resolution (ADR) is a process for resolving disputes outside of traditional litigation. ADR methods, such as arbitration, mediation and collaborative law, are typically less expensive and more expeditious than litigating a controversy in court. The participants in ADR tend to achieve a more mutually satisfactory outcome to their dispute because the process is often collaborative, rather than adversarial, in nature. This cooperative environment affords the parties the opportunity to gain a better appreciation of the needs, positions and objectives of everyone involved.
Unlike litigation where the decision is in the hands of the judge or a jury who may lack a full understanding of the law, the parties to ADR are generally able to select an impartial third party with specific expertise in the field to oversee the proceedings. Additionally, ADR frequently allows the participants to develop creative solutions for their problems that a court may be unable to impose under the law. ADR also provides flexibility and can be typically be instituted at any time before or after litigation has commenced.
ADR Services – Arbitration, Mediation and Civil Collaborative Law
While most of the attorneys in Johnson Pope’s ADR Practice Group represent clients during ADR proceedings, they also offer services as third party “neutrals” in connection with:
- Arbitration. An impartial third party known as the arbitrator will hear the arguments and evidence to issue an opinion on the dispute. Arbitration is generally less formal than a court trial and the arbitrator’s award can either be binding or non-binding.
- Mediation. Unlike arbitration, the mediator does not make a decision in the case. Instead, the mediator helps the parties work together towards a mutually agreeable resolution of their dispute.
- Civil Collaborative Law. In a civil collaborative law proceeding, the parties to the dispute retain their own lawyers whose only roles are to help their clients settle their dispute. The participants work together to reach an agreement that meets the needs and interests of both parties to the dispute.
When you work with Johnson Pope, you can be confident that the neutrals on our ADR team have the skills and experience necessary to successfully resolve your dispute. We are seasoned litigators with substantive knowledge of the areas of law underlying each case. Many of the lawyers in our group serve on arbitration panels in their respective fields of practice and several are certified mediators who are also trained in civil collaborative law.