Alternative dispute resolution has grown into a popular means of resolving disputes without the expense and time commitment of traditional court litigation. ADR is a practical way for both businesses and individuals to come together with the assistance of a certified mediator and work toward a resolution that is acceptable to both parties in a dispute.
Efficient case management means identifying which course of action is best for the parties engaged in a legal dispute. Much of the time, ADR is the best available option for clients, attorneys, and the court system.
Alternative dispute resolution is an umbrella term for resolving a legal dispute without taking a case before a judge. ADR includes a variety of proceedings, such as mediation, arbitration, and conciliation. Different types of ADR follow different procedures and have different legal outcomes.
For example, arbitration involves coming to a resolution before a single arbiter and typically results in a legally binding resolution. Mediation, on the other hand, is more flexible.
Mediation involves working to arrive at an agreement through mediation discussions facilitated by an impartial, third-party mediator. Mediation talks are voluntary and can be terminated at will at any point in the proceedings. Decisions made during a session are not legally binding unless the agreement is signed by both parties and submitted to the court upon the conclusion of sessions.
The many benefits of mediation have led it to become the most commonly used form of mediation. Participants have little to lose by participating in mediation sessions but experience a number of benefits if a dispute can be settled outside the courtroom.
Some of the key benefits of mediation include:
Mediation is an effective means of engaging in informal discussions around a potential resolution to a dispute. Neither party is bound by any commitment when they agree to participate in mediation talks, but they have the option of hearing the extent to which the other party is willing to compromise to resolve a dispute.
The third-party mediator is a neutral individual who has gone through mediation training. Their goal is to suggest possible paths to an agreement and assist both sides in weighing the pros and cons of the resolution options.
Galloway and Collens has been serving clients in the Detroit metro area and throughout the state of Michigan for over 20 years. Our firm offers alternative dispute resolution with an emphasis on mediation. We guide parties to come together and work to arrive at a resolution. Our role is to take a neutral stance as we assist both sides by generating and evaluating options until a working resolution is achieved.
A Galloway and Collens mediator is available to discuss whether ADR is the right option for your client. Contact Galloway and Collens today to learn how we can help in your case.
Our law firm is ready to help. Contact the real estate and estate planning attorneys at Galloway and Collens, PLLC.
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