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Alternative Dispute Resolution (ADR) allows for a legal matter to be settled outside of the courtroom. The cost of litigation is often hard to measure. Whether early mediation or arbitration following full discovery, ADR has great benefits. Is this an option for your legal matter?
Whether virtual or in-person, here are some benefits of ADR:
For companies, the cost savings are obvious. Especially for small businesses. What about for the individual? Your fees include not only those of the attorneys involved, but the expert witnesses, courtroom audio visual technicians, and support staff. You will be required to spend days or weeks preparing for trial, away from your job and family. This doesn’t include the time spent at trial. And because time is money, can you afford these associated costs?
Litigation often destroys relationships. Mediators can engage you to find a resolution that preserves the relationship. Alternatively, juries are limited to awarding money. When all parties want to reach a resolution, but significant emotions create a barrier, a neutral party can bring you together.
Twelve strangers. Intimate details of your health, employment, or marriage. As your trial date approaches, you may wonder if another option exists. And, fortunately, it does. ADR still requires you to share information that inevitably triggers trauma or emotional stress, but being able to do so in the presence of trusted counsel and a neutral third party reduces anxiety and often provides closure.
Binding arbitration is the best option for confidentiality and finality. It permits full discovery to occur and the rules of evidence to apply. A trained individual provides a final and confidential decision, rather than a jury making decisions that are often appealed for years. ADR places you in control of the process, rather than being controlled.
Check out additional ADR insights here:
When considering the benefits of Alternative Dispute Resolution, you should also consider the benefit of having an attorney. An attorney can help you navigate the process, select the right ADR services and refer you to third party arbitrators. They also serve as advocates and counselors, ensuring you represent yourself as best as possible for a successful outcome.
Attorney Kimberly Krupka is a partner in Gross McGinley’s Litigation Group. Kim regularly represents regional hospitals and large health networks as well as corporations in legal disputes at the local, state, and federal levels.