Orinda, California, Alternative Dispute Resolution Lawyer
Alternative dispute resolution (ADR) is a general term for the processes used to resolve disputes out of court. There are three common forms of alternative dispute resolution.
The first is mediation. Mediation often involves retired judges or other professionals who assist the parties to reach an agreement. Although it can often be required by the terms of your contract, the mediator has no power other than his or her powers of persuasion. The outcome is entirely up to the parties.
The second is arbitration. Arbitration is similar to mediation in that the parties agree to work with an impartial professional outside of court to resolve their dispute. The primary difference is that the proceeding is adversarial and involves putting on evidence for a binding or non-binding decision by the arbitrator.
A third is Judicial Reference. It is similar to arbitration, but typically involves a retired judge with detailed rights and obligations regarding how the proceeding will be handled. It is much like a trial and may include rights to discovery and appeal.
The use of alternative dispute resolution is increasing and, along with it, the public's knowledge and acceptance of it. Some jurisdictions actually require alternative dispute resolution before court proceedings can proceed. Alternative dispute resolution offers several valuable advantages and disadvantages to litigation:
ADVANTAGES:
- It is confidential. Information entered into the public record is limited.
- It generally costs much less than litigation, and the schedule is usually firm.
- By focusing on the core issues of a dispute and by operating within an expedited and more flexible schedule, alternative dispute resolution is frequently much faster than litigation.
- Mediation is nonbinding. If the parties cannot reach an agreement, they walk away.
- Arbitration can be binding. The arbitrators decision is often final and binding, with no rights of appeal.
DISADVANTAGES:
- Sometimes the agreement to arbitrate includes everything that a civil lawsuit would encompass, including the cost, without the protections of a record or an appeal.
- An arbitrator's decision can rarely be attacked, even if it suffers from legal or factual errors.
- The arbitration can take longer than the trial if the arbitrator does not take control.
- The arbitrator may favor the side who offers the best chance of repeat business.
Attorney Ira James Harris of the Law Office of Ira James Harris, offers experienced ADR legal services. He serves on numerous ADR panels with the Contra Costa and Alameda County Bar Associations, and can assist in the resolution of your construction, insurance, business and real estate disputes.
Contact Us
For representation or assistance as a mediator, arbitrator or judicial referee, call Ira James Harris. We are a San Francisco and Orinda-area law firm, but accept cases from across California, including San Diego, Los Angeles and Sacramento. We are conveniently located in the Orinda Theatre complex in downtown Orinda, California. Contact us at 925-258-5100.
