Dispute Resolution
What is alternative dispute resolution?
In certain cases, litigation is not the client’s best avenue to achieving positive results. Although it is the client’s ultimate decision on whether to take a case to the courtroom, an attorney should inform his or her client of other approaches to resolve the matter. Alternative Dispute Resolution (ADR) involves a wide range of processes that encourage parties to settle disputes without going to court.
Why is ADR beneficial to clients?
ADR allows parties to settle their cases on their own terms. In litigation, a judge renders a decision where one party “wins” the case. In some forms of ADR, both parties invent creative settlement agreements to result in a win-win solution. For example, a party may owe a certain amount of money but is unable to pay cash or pay at that time. Mediation allows the parties to develop payment schedules or create other options to satisfy the debt. Furthermore, some ADR processes are private and confidential, so clients (especially business owners) can preserve their reputations in the community and keep private matters from public knowledge.
Which dispute resolution services does Bogrees Law provide?
Mediation
Mediation is where a third-party neutral, the mediator, allows parties to openly discuss the dispute in a confidential setting. Each party has a significant amount of time to explain his or her “side” of the story. The mediator will then encourage the parties to invent their own solutions to resolving the dispute. The mediator will also suggest options to settling the case. An attorney at Bogrees Law can draft an agreement outlining the settlement terms and conditions. The agreement is binding after both parties sign. Bogrees Law can assist clients in divorce or custody issues, business concerns, premarital agreements, neighbor disputes, and workplace disputes.
Arbitration
Arbitration is similar to mediation where a third-party listens to arguments and reviews evidence. However, the third-party, the arbitrator, issues either a binding or non-binding decision to settle the case. The arbitration decision can be both binding and non-binding, depending on whether the arbitration is private or there is court involvement.
Please contact Bogrees Law to schedule a free consultation to discuss your case.
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