Arbitration and Alternative Dispute Resolution

Adams and Reese's Alternative Dispute Resolution Team is comprised of former judges, experienced arbitrators, mediators and litigators. They are skilled in the arbitration and mediation process, including the preliminary analysis to help clients determine cases better suited to ADR.

Advantages of ADR

Litigation remains the most used dispute resolution process available to defendants and plaintiffs. In many circumstances, litigation is an undesirable means of resolving disputes, and it is often the most expensive and protracted method. Litigation is governed by established rules and procedures that are applied with little flexibility. The process may take months or years to resolve, not only because of its inherently slow nature, but because the courts are becoming increasingly congested by the sheer volume of litigation. Litigation proceedings are also matters of public record.

For these reasons, litigants have sought alternative methods of dispute resolution. The courts generally encourage, and sometimes even mandate, use of these techniques. Courts generally try to enforce agreements between parties to mediate or arbitrate disputes that arise under their agreements or relationships. Courts often require mediation as a means of encouraging early settlement without trial. 

Mediation

In mediation, a neutral third-party is selected by the parties or appointed by a court or organization providing such services to help the parties voluntarily settle their differences. The process is by definition, non-binding, which means that parties have little to lose by trying it first.

Arbitration

In arbitration, an arbitrator or panel of three arbitrators is selected in accordance with the agreement the parties have made. The arbitrator(s) administers the case in accordance with the procedures to which the parties have agreed --- E.g., the rules and procedures of the American Arbitration Association. After considering the submissions of the parties or a hearing, the arbitrator(s) renders a decision that is binding. Arbitration is similar to a non-jury trial, except that it often requires less pre-trial work than litigation. Arbitration can usually be scheduled must faster than a trial, the proceedings are more flexible in scheduling and procedures are followed as the parties might agree.

Contact Attorney:

Ronald J. Sholes, Partner; Team Leader
Tel. 504.585.0479
ronald.sholes@arlaw.com