Resolving Disputes Outside Court
Alternative dispute resolution (ADR) is the process of having your dispute resolved by a private judge, as opposed to having it resolved in the court system. ADR has become more popular as court clog has increased. The time from filing a lawsuit to the day trial starts has increased substantially in the past few years. Some cases are now taking up to five years to get to trial. Even getting a basic motion on calendar can now take several months.
Alternative Dispute Resolution
ADR is a good option to consider for some cases. The primary benefit is that your case will probably be decided more quickly than if it were filed in court. Moreover, often you will have influence regarding which judge will hear your case. This is especially true if the parties agree to mediate their dispute. However, the benefits of ADR come with a price. First, the parties lose their right to a jury. Second, ADR is expensive as the litigants pay administrative fees and the hourly fees of the private judge. Finally, the parties have limited rights to appeal.
Determining When ADR Is The Right Choice
Before agreeing to submit a case to ADR (whether binding arbitration or mediation), it is important for clients to fully understand the advantages and disadvantages of this option. Klein & Wilson has arbitrated and mediated many cases, and has an excellent track record. Klein & Wilson has the experience to help clients make the best decision for their case. If the client decides that ADR is the best option, then the client will be well-served with Klein & Wilson acting as its attorneys.