Lawyers for Probate, Estate, Trust, Conservatorships/Guardianships, and Civil Litigation.

ADR

Alternative Dispute Resolution

Arbitration

Arbitration is a more formal method of settlement which includes a decision by an arbitrator. Arbitration takes the place of a trial before a judge or jury. If a person signs a contract containing a mandatory, binding arbitration agreement, they are essentially giving up the right to go to court to have their claim resolved. Because the arbitration is binding, grounds for appealing or setting aside the arbitration decision are very limited and may frequently not be available at all. They require parties to the contract to resolve disputes in binding arbitration, rather than in court before a judge and/or jury.


Negotiation

Negotiation allows parties to meet in order to settle a dispute and reach an agreement to the satisfaction of all parties involved. The main advantage of this form of dispute resolution is that it allows the parties themselves to control the process and solution through examination of facts, the exposure of both the common and opposing interests of the parties involved, and bargaining to resolve as many issues as possible.


Mediation

Mediation provides parties in a dispute an opportunity to settle informally with the assistance of a trained third party. A mediator is not a judge and does not render a decision or impose a solution on any party; instead, the mediator helps those involved in the dispute by managing the mediation session, thus allowing them to resolve the dispute themselves. In court-referred mediation, parties may be ordered to attend a mediation session, any agreement is entirely voluntary. In the absence of agreement, the parties retain their right to take the dispute before a judge or jury.


The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser.

Readers of this website should contact their attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, law firm, and their respective employees.  The views expressed at, or through, this site are those of the individual authors writing in their individual capacities.  All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed.  The content on this posting is provided "as is;" no representations are made that the content is error-free.