Alternative Dispute Resolution
In some instances, a business may want to avoid a complicated and expensive courtroom battle by using an alternative dispute resolution (ADR) method. ADR is a way to resolve legal issues without going to court. The two most frequently used forms of ADR, as described below, are arbitration and mediation.
If you are involved in a dispute regarding a business transaction or any aspect of your business, it is best to consult an experienced business attorney to address your particular situation. At Ostler & Thompson, we can represent you in your arbitration or mediation dispute. Please contact us so that we may discuss your case.
Arbitration employs a neutral third party (an arbitrator) or an arbitration panel to listen to both sides’ legal arguments and factual assertions, and then makes a decision, which is usually binding on the parties. The purpose of arbitration is to provide a forum to resolve issues without having to go to court. The arbitrator acts in a capacity similar to that of a judge.
Mediation is another alternative to resolving civil disputes outside of traditional litigation. The mediation process is less formal than arbitration proceedings or trials. The process of mediation is attractive to businesses because they can avoid court and are able to discuss issues without the procedural constraints of litigation. Mediation functions through dialogue, facilitated by a neutral mediator.