What Are The Methods Of Alternative Dispute Resolution?
Resolving a business dispute in court is not usually optimal. Litigation is usually expensive, time-consuming and contentious. Instead, the Ohio attorneys at Dinn, Hochman & Potter, LLC, attempt to use alternative dispute resolution to achieve favorable resolutions out of court.
There are several techniques that we can use in alternative dispute resolution. These include:
- Arbitration: Arbitration resembles litigation in the sense that both sides appear before a neutral party that issues a final decision. In arbitration, both parties refer their dispute to a neutral intermediary. This intermediary hears both sides of the dispute, then issues an award. Both parties agree in advance to abide by this award.
- Mediation: Mediation also involves a neutral third party called a mediator. The mediator facilitates discussions between both parties. A mediator does not issue a final decision regarding the dispute: The goal is for both sides to reach a mutually satisfactory resolution.
- Negotiation: Two or more parties can enter into negotiations to reach a compromise that satisfies everyone. This type of ADR is typically less formal than arbitration or mediation and does not involve an objective third party.
- Mini-trial: A mini-trial is similar to a traditional trial, but is held privately. Both parties’ attorneys present their cases to a panel of representatives chosen by the disputants. The panel then issues a decision.
- Summary jury trial: A summary jury trial, like a mini-trial, involves attorneys arguing their cases before a neutral jury, which then issues a verdict.
- Early neutral evaluation: If a case is not resolved by any of the previous methods and is filed with a court, then a judge-appointed evaluator may conduct an early neutral evaluation. This evaluation gives each party a better idea of their chances in court.
Discuss Which ADR Method Is Best For Your Case
The lawyers at Dinn, Hochman & Potter, LLC, can help determine the best approach for your business dispute. Then, we can use ADR techniques to fight for the best outcome available to us. Schedule your initial consultation by calling our Cleveland office at 440-446-1100 (local). You can also contact us via email.