Alternative Dispute Resolution

In most civil cases, there are several alternative dispute resolution (ADR) procedures the parties may choose or be compelled to use either instead of or before pursuing an action in court. Our attorneys have been involved in ADR proceedings in a great number of cases over many years. We have found that this approach often helps our clients resolve their disputes while avoiding the time, expense and potentially adverse results associated with formal litigation. The level of our expertise is reflected by the fact that Harman Claytor attorneys have been called upon by others in the legal community to serve as independent mediators and arbitrators. The speed, cost-effectiveness and greater likelihood of a result acceptable to both parties make ADR a solution that we often recommend to our clients where warranted by the circumstances. The basic types of ADR are as follows:

Mediation - A voluntary form of ADR in which a neutral mediator assists the parties in identifying the specific points in dispute, understanding each other’s perspectives, appreciating the strengths and weakness of their positions and exploring options for a mutually acceptable outcome. The mediator may assist the parties in developing a realistic appreciation of the possible results if the case goes to trial but does not render a decision or recommend a specific result. The objective of mediation is for the parties to resolve their dispute between themselves and without the need for any determination by a judge or jury.

Compulsory Arbitration - A form of ADR that the parties are required to employ under the terms of a contract entered into before the dispute or are required to use by law. The parties present their evidence and arguments to the arbitrators under procedures typically less formal and restrictive than those that govern judicial proceedings. The arbitrators then issue a decision which may or may not preclude further litigation depending on the terms of the contract or law.

Voluntary Arbitration - A form of ADR that the parties agree to use after a dispute arises. The function of the arbitrators is again to consider the evidence and the arguments of the parties and to render an award. Whether the parties may disregard the award and initiate litigation or may file suit to contest the decision depends on the terms of their agreement to arbitrate the dispute.