Skilled Grand Blanc, Michigan Alternative Dispute Resolution Attorneys Offer Cost-Effective Options
Proven methods save time, stress and expense
Where two or more parties are unable to resolve a dispute, either during or before litigation is filed, some form of dispute resolution must be utilized. The reason why Alternative Dispute Resolution (ADR) processes have become increasingly popular, and urged by the courts, is that litigation of cases in the court system is lengthy and expensive, and the matters are governed by judges who have limited knowledge of a specific area of expertise or who have little familiarity with the case and its “history”. ADR refers to a number of methods used to settle controversies outside of the civil court system which methods include mediation and arbitration. Our attorneys will represent you in the many forms of ADR are also independently appointed as mediators and arbitrators by judges and other attorneys.
What is the difference between mediation and arbitration?
Mediation can be seen as the first step in a two-step process. The mediator is selected by the parties or the court, does not represent any party, and has no decision-making authority. In this confidential process, the mediator serves in a neutral capacity and assists the parties in reaching agreements. The mediator will not impose a result, but rather will help the parties achieve it. This “guided settlement conference” is usually held at the mediator’s office in an informal atmosphere, and is incredibly effective. However, if the parties can’t agree, the dispute might move to arbitration.
In arbitration cases, the parties agree to have their case heard by a neutral arbitrator. The selected arbitrator is usually, but not always, an attorney who hears evidence and arguments of the parties and witnesses at hearings, similar to being in court. However, the process is handled in a much more expedited manner, with meetings and hearings generally held at the arbitrator’s office. At the end of the proceeding, the arbitrator will render a decision that is binding upon the parties and enforceable by courts.
Each stage of these processes requires preparation, execution and high-level decision-making, weighing costs and benefits and anticipating consequences. Our experienced attorneys approach ADR as they would a trial: meticulously preparing your case, researching relevant law and weaving material facts into a compelling narrative asserting your cause.
Why arbitrate your civil dispute?
Arbitration is designed to reach a fair outcome without the expense and time of a trial. When it is voluntary, arbitration helps many people who might otherwise be shut out of the justice system by high costs. However, arbitration is still an adversarial process, with each side presenting their case and rebutting their opponent’s, which is why you need an equally skilled, professional legal team on your side.
If the arbitrator is neutral, why do I need a lawyer?
A trial judge would also be neutral, but you probably would not venture to represent yourself in court. Our seasoned attorneys know how to package arbitration proceedings to display your case in the best light, and their knowledge is power for you to assure an outcome based upon the merits of your case.
Contact an established Michigan ADR law firm.
There are many benefits to alternative dispute resolution for various types of civil and commercial disputes. For skilled ADR assistance, you can trust the experienced attorneys at Winegarden, Haley, Lindholm, Tucker & Himelhoch, PLC. To schedule a consultation at our Grand Blanc office, call 810-767-3600 or contact us online today.