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Alternative Dispute Resolution

Overview

Parker McCay's Alternative Dispute Resolution (ADR) practice offers parties a variety of methods to resolve matters as an alternative to formal litigation. ADR can take the form of mediation, non-binding or binding arbitration.

In mediation, a third party, the mediator, attempts to facilitate an agreed upon resolution of the dispute. The willingness of the parties to settle a dispute through compromise makes the mediation work.

There are a number of advantages of mediation: speed of resolution, which minimizes the cost of the dispute resolution; a non-adversarial setting; confidentiality and finality, once a settlement is reached the matter is concluded and there is no appeal.

The most distinguishing aspect of a mediation is that the parties reach their own agreement in ways that are consistent with their interests, concern and their legal rights. Unlike a court trial where the judge or jury make the decision, all parties in a mediation have input into the resolution of the dispute.

Non-binding and binding arbitration differ from mediation in that it is a mini trial in which testimony may sometimes be taken and the arbitrator makes a decision. In a non-binding arbitration the arbitrator’s decision may be accepted or rejected by the parties. In a binding arbitration the decision of the arbitrator ends the case.

Our firm offers both mediation and arbitration in all types of matters including personal injury, commercial disputes, employment and discrimination cases, malpractice matters, uninsured motorist and underinsured motorist claims, and contract disputes.

Our ADR practice also offers services as a Hearing Officer in disciplinary matters and as a neutral to resolve other conflicts.

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