Alternative Dispute Resolution

› Mediation
› Arbitration
› Collaborative Divorce

Clients facing legal disputes often wish to avoid costly courtroom litigation as well as to preserve their relationships with the opposing parties.  Alternative Dispute Resolution (ADR) is a term that refers to the various ways a dispute may be settled outside of court. ADR includes mediation, arbitration, and collaborative divorce

Mediation

Mediation, including divorce mediation, construction dispute mediation and general civil mediation, is a dispute resolution method designed to help opposing parties resolve their differences voluntarily and without going to court. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution. Unlike a judge in the courtroom, the mediator has no power to impose a solution. No formal rules of evidence or procedure control mediation; typically, the mediator and the parties agree on their own informal ways to proceed.

Arbitration

Arbitration is an alternative to resolving disputes in court.  The arbitration process allows the parties to select arbitrators with a specialized expertise in the subject matter of the dispute who will listen to the evidence and render a binding decision.  In binding arbitration, the parties agree to abide by the decision of the arbitrator(s).  In non-binding arbitration, the parties do not agree to be bound by the arbitrator's decision; instead, they use the arbitration process in order to obtain an advisory opinion.  In non-binding arbitration, the parties may nevertheless abide by an arbitrator's decision in order to end the dispute without resorting to what can be a lengthy and costly litigation process.  Courts generally favor arbitration and will usually enforce the parties' agreement to arbitrate. When this happens, the court usually "stays" or "suspends" court proceedings pending the outcome of the arbitration, and may impose a time period during which the arbitration must be concluded.  Many types of contracts include arbitration provisions.

Collaborative Divorce

Collaborative divorce was developed by legal and mental health professionals as an alternative to divorce litigation. In a collaborative divorce, the parties collaborate in an effort to reach an agreement through a series of meetings attended by the parties, their lawyers, and sometimes other neutral experts such as a child welfare specialist, a collaborative coach, a licensed psychologist or a financial specialist. Each party attempts to identify his or her priorities, goals, needs and interests in these meetings and works with the other party to fashion a settlement that is consistent with these criteria. In a collaborative divorce, the parties make their own decisions based on their own standards. Like mediation, collaborative divorce is a facilitative process. However, the parties should be fully informed about the legal consequences of various options available to them and their attorneys help to facilitate the negotiations

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Attorneys with Expertise

› Charlotte Hetherington (Mediation, Arbitration)
› Tony Ortiz (Mediation, Arbitration)
› Byron Treaster (Mediation, Arbitration, Collaborative Divorce)
› Mel Yost (Mediation, Arbitration, Collaborative Divorce)