Alternative dispute resolution (ADR) is the name given to methods to resolve disputes without the necessity of going to trial. It is a process that can be entered into by the parties directly or ordered by the court. There are a number of different methods that can be utilized either separately or in conjunction with each other.
Facilitations or Mediation: Mediation (often referred to as Facilitations) is often the method chosen by individual parties. Both parties select a person, often an attorney, to be the mediator whose role is to facilitate the settlement discussions.
A variety of approaches can be utilized depending on the interest of the parties and the style of the arbitrator. For personal injury cases the approach most often adopted by the mediator is to separate the litigants in different conference rooms and the mediator shuttles between them exchanging offers and demands, exploring issues that affect the outcome and discussing the strengths and weaknesses of the positions of the parties. As the parties and their lawyers evaluate the issues, the parties often find themselves able to make meaningful adjustments to their negotiating positions leading to resolution of the case.
Both Lionel Bashore and Kevin Green are very skilled in leading facilitations and are available to schedule for in-person (at Bashore Green’s Detroit-area office or at a third-party) or remote/online facilitations using video technology.
Arbitration: Arbitration is a method used to resolve a dispute in a binding manner based upon testimony of the witnesses and presentation of documentary evidence. It is similar to a trial but is a more efficient method of case resolution. The arbitrator or a panel of arbitrators selected by the parties, are well versed in the field of law that is the subject of the dispute. A jury on the other hand rarely has any background on the issues or medical injuries and much of the time at trial is spent educating the jurors on medicine, presentation of evidence for and against the case, as well as persuasion.
Since the arbitrator is familiar with the issues the procedure can be much more streamlined. On occasion the parties will agree to submit the matter to an arbitrator for determination rather than go to a jury trial. The process is often cheaper and much more time efficient than trial. The arbitration can be binding on the parties or used as an evaluative process to assist in settlement.
Pre-suit evaluation: Occasionally the parties will utilize an experienced attorney or retired judge to listen to presentation of a case by the attorneys and review key documents. After a review the chosen evaluator will render an opinion as to what a jury will do on the liability and damage aspects of the case. This determination then can be used by the parties in their settlement negotiations. This process can be helpful if the parties are far apart in their evaluations and need the benefit of a third-party review.
Alternative dispute resolution (ADR) is the name given to methods to resolve disputes without the necessity of going to trial. It is a process that can be entered into by the parties directly or ordered by the court. There are a number of different methods that can be utilized either separately or in conjunction with each other.
Contact the experienced facilitation and mediation attorneys at Bashore Green to learn more about how lawyers like Lionel Bashore and Kevin Green can help you with a more efficient method of conflict resolution.