Do
You Have a Dispute Where:
- Key parties aren't speaking?
- Opposing claimants won't compromise?
- You want to dissolve a partnership without a battle?
- Valuations seem irreconcilable?
- Legal costs are out of control?
- The clock keeps ticking, but nothing's happening?
- There are serious impediments to settlement?
- You just want to put it behind you and get on with your life?
If the answer to any of these questions is "Yes," Alternative Dispute
Resolution could be the answer you're looking for.
Alternative
Dispute Resolution
ADR, including arbitration, mediation, and neutral
evaluation, is an increasingly popular alternative to litigation. Why? Because
it is typically quicker, cheaper, and less stressful than going to trial. It
puts everyone in a room focused only on resolving the dispute and vests everyone
with that goal.
ADR gives the disputing parties greater control over the process and the
outcome. Under the guidance of a skilled arbitrator or mediator, alternative
dispute resolution can save significant time and money.
With over 30 years' experience in trial law and arbitration, Flynn Law Firm
helps disputing parties evaluate the most effective path to settlement and
provides a variety of services to facilitate prompt resolution.
ADR offers disputing parties:
- Tremendous savings in time and money.
- Control over process and outcome.
- Flexibility to negotiate.
- Confidentiality.
- Timely case resolution.
All forms of ADR bring closure to a dispute giving you more control over the
outcome and the path to that outcome than you would have in court.
Mediation
A mediator's goal is to help disputing parties to arrive at an agreement. A
mediator is a skilled neutral, someone not vested in the outcome of the case,
but vested in seeing the matter resolved by way of settlement. A mediator's
methodology ranges from the facilitative to the evaluative of judgmental end of
the spectrum. A skilled mediator does not impose the mediator's views,
particularly at the outset; a skilled mediator facilitates the parties'
examination of their own cases, their own exposures, risks and likely guides the
parties towards a consensus, letting the parties achieve settlement, reserving
more evaluative comments for the end of a stymied mediation.
Arbitration
Arbitration is at the other end of the spectrum from mediation. Once the
parties agree to arbitrate a matter, they have left the decision making in the
hands of a third party, an arbitrator in a multi-arbitrator panel, or three
arbitrators. An arbitrator acts as a Judge and jury making findings of fact and
rulings of law.
Neutral
Evaluation
A neutral evaluation like mediation is non-binding, but in a sense is a bit
like arbitration if both parties agree to do it. Both parties submit materials
to the arbitrator, and can actually submit testimony by deposition affidavit or
in person, and the neutral is then asked to evaluate the realistically likely
outcomes. The parties and the evaluator can structure the process to their
liking. The parties can request a suggested settlement figure, a range of
numbers from least likely to most likely found, no commentary on liability or
damage or some commentary on liability and damages, as parties choose.
Contact the FLYNN LAW FIRM to find out how we can help you resolve your
dispute through our prompt, professional and effective ADR Services.
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