Processes
Mediation
The goal of mediation is to amicably resolve a dispute through the efforts of the parties. The role of the mediator is to utilize patience, persuasion and people skills to facilitate the dialogue between the parties in order to reach settlement. The mediator does not have the authority to render a decision, the parties are not compelled to reach an agreement. Any party is free to leave the mediation at any time.
Read more about our mediation process.
Arbitration
Arbitration is an adversarial process where a neutral arbitrator renders a decision, called an award, after there has been a presentation of evidence. Like a court trial, arbitration may include representation by counsel, pre-hearing discovery, written briefs, examination of witnesses and oral argument.
Read more about our arbitration process.
Settlement Conferences
Settlement conferences are generally conducted by a sitting or retired judge with counsel for the parties. Settlement conferences tend to be shorter in duration than a mediation, and may not include the parties in a participatory sense other than to get their agreement to a settlement proposal.
Read more about our settlement conference process.
Conciliation / Negotiation / Facilitation
These terms are often used interchangeably. In Europe and some areas of the United States, what we term "mediation" is known as "conciliation."
Read more about our conciliation, or negotiation, process.
Discovery Referees
Discovery Referees are most commonly used in complex matters where there is a disagreement between the parties relating to the scope and subject matter of discovery. These disputes can be very time consuming and emotional. To improve efficiency, the trial court has the jurisdiction to appoint a referee if the judge feels that it is warranted by the situation.
Read more about our discovery referee process.
Private Trials
A private trial most closely resembles an actual court trial and procedurally they are almost identical. The main difference is that the parties have agreed to an individual, usually a retired judge, to sit as a "judge pro tempore" and render a decision. The trial is also held in private and may be confidential.
Read more about our private trial process.
Other Processes
ADR offers other processes as well, which include:
Disclaimer: Please be advised that the contents of this web site and any other statements contained herein are for informational purposes only and are not intended to be represented as legal advice in any way.