Alternative Dispute Resolution (ADR)
The Malyszek & Malyszek law firm has been practicing government contract law for over 40 years. At Malyszek & Malyszek, we focus on all aspects of contracting with the U.S. federal government for companies nationwide and even overseas. We can help to cut the litigation process short by using Alternative Dispute Resolutions (ADR) to resolve your case.
Alternative dispute resolution (ADR) involves dispute resolution processes that help disagreeing parties come to an agreement short of litigation. Despite resistance to ADR by popular parties and their advocates, ADR has gained acceptance among the general public and the legal profession in recent years. Some courts now even require parties to resort to ADR, usually mediation, before authorizing the parties cases to be tried. The two most common forms of ADR are arbitration and mediation, however negotiation is almost always the first used to resolve a dispute; it is the foremost mode of dispute resolution. The main advantage of negotiation is that it allows the parties to control the process and the solution. It allows the opposing parties to meet in order to settle a dispute.
Arbitration is like a trial in that the parties may present evidence, call witnesses, and argue the merits of their case to a neutral decision maker. Local court rules may allow litigants to choose for their case to be sent to arbitration, regardless of the dollar amount. In doing so the parties can agree that the results will be binding or non-binding; in non-binding arbitration the loser can then request a new trial in the civil court.
Mediation, however, is a much different type of ADR arrangement. Different from arbitration, it doesn’t involve an argumentative hearing. There is no decision-making official present. As an alternative, the parties involved in the dispute are brought together in one location and a neutral facilitator acts as a mediator. For litigants and attorneys who have become hostile toward each other over the litigation, mediation may possibly be their only chance to avoid having to go to trial.
Most disputes are resolved without filing a lawsuit; and most civil lawsuits are resolved without needing a trial. The courts offer a variety of Alternative Dispute Resolution (ADR) techniques to help people resolve disputes without a trial. Alternative Dispute Resolution tends to be less expensive, less formal, and less time-consuming than a trial.
If you are looking to cut the litigation process short, Alternative Dispute Resolution may be the best answer. You need independent legal advice to protect your wellbeing. Contact an attorney at the Malyszek & Malyszek law firm today to get more information about the possible benefits of resolving your case out of the courtroom.
