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Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) procedures, i.e., procedures for settling disputes by means other than litigation, such as arbitration, mediation, or mini-trials are usually less costly and more expeditious than litigation, are increasingly being used in commercial and labor disputes, divorce actions, in resolving motor vehicle and medical malpractice tort claims, and in other disputes that would likely otherwise involve court litigation.

Mediation, also known as conciliation, is the fastest growing ADR method. Unlike litigation, mediation provides a forum in which parties can resolve their own disputes, with the help of a neutral third party.  

Mediation depends upon the commitment of the disputants to solve their own problems. The mediator, also known as a facilitator, never imposes a decision upon the parties. Rather, the mediator's job is to keep the parties talking and to help move them through the more difficult points of contention.

Arbitration, on the other hand, ore closely resembles traditional litigation in that a neutral third party hears the disputants' arguments and imposes a final and binding decision that is enforceable by the courts. Arbitration is a consensual legal technique for resolution of disputes without the necessity to refer the matter to court.

The parties to a dispute voluntarily refer the matter to an impartial third person (the arbitrator) who will be empowered by the parties to make a decision based on the evidence and the arguments which are presented to him. Once made, the arbitration award will be binding upon the parties and fully enforceable against them. The tool is a highly effective method, employed mainly by those embroiled in a commercial dispute, to swiftly and efficiently resolve what would otherwise be, a deadlock situation.

We provide our clients with creative and result-oriented litigation, mediation and arbitration counsel in matters ranging from commercial disputes to sensitive internal, regulatory or criminal investigations. We handle local matters as well as multi-jurisdictional disputes.

You can find more detailed information regarding our Litigation & Arbitration practice at the following pages/links:

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