Alternative Dispute Resolution Attorney (ADR)
Most legal disputes never reach trial. Instead, they are resolved when the parties reach a mutual agreement to end the case, with each contributing to the compromise. This method of resolving disputes has many benefits compared to litigation, as long as both parties are willing to seek a solution to their conflict.
California Civil Rights Law Group has won over 750 cases and recovered over $250 million in compensation for our clients through both litigation and alternative forms of conflict resolution. Contact us to learn how we can help you resolve your case fairly.
What Is Alternative Dispute Resolution?
Alternative dispute resolution (ADR) involves processes and procedures that help people and organizations resolve conflicts outside of a judicial setting. Private and government-run ADR programs allow participants to compromise on a solution to their dispute rather than resorting to the winner-take-all outcome of a trial.
Benefits of Alternative Dispute Resolution
ADR provides the following benefits compared to litigation.
Less Time and Money
ADR is usually less expensive than litigation, partially because the rules are less formal. The parties can focus on crafting a solution rather than getting sidetracked by court motions and other procedures.
Moreover, California courts have a notorious backlog of civil cases. Rather than waiting for a court date, the parties can hire a neutral arbitrator or mediator.
Evaluation by a Neutral Third Party
Non-binding ADR methods, such as mediation and non-binding arbitration, can give parties a reality check about the strength and value of their cases.
For example, a defendant might be unwilling to settle because of an unrealistic belief that they will prevail at trial. An evaluation by a neutral third party, like an arbitrator or mediator, can jump-start settlement negotiations.
Control
Generally, judges and juries do not craft compromise solutions to complicated disputes. A trial ends with a verdict for one of the disputing parties. ADR processes, such as mediation and settlement conferences, allow both parties to participate in and control the final resolution to create a win-win outcome.
Types of Alternative Dispute Resolution Processes
An ADR process typically takes one of two forms.
Mediation
During mediation, a neutral and unbiased mediator seeks common ground between the parties’ positions. In many cases, there is some overlap in what the parties are willing to do to end the case. The mediator’s job is to identify that middle ground and guide the parties to it.
A typical mediation involves a joint session with the parties, who are separated into different conference rooms. The mediator listens to each party’s position. They then shuttle between the parties, prodding them toward a compromise. The mediator does not take a position or issue a decision. Instead, the final agreement is left to the parties.
Settlement conferences are a type of mediation conducted by a magistrate or judge.
Arbitration
Arbitration is like a mini-trial with an arbitrator rather than a judge or jury. Each side presents their case, and the arbitrator issues a decision.
While arbitrators have an ethical duty to follow the law, they are not bound by legal precedent. In other words, an arbitrator can issue a decision based on fairness as long as it does not conflict with California or federal laws.
Moreover, arbitrators are not required to follow the rules of evidence. As a result, they can consider factors that a judge or jury might not.
The arbitrator may issue a binding or non-binding decision. A binding decision means that the parties have agreed to abide by the arbitration ruling. If either party fails to do so, the other party can go to court for an enforceable judgment under alternative dispute resolution law.
A non-binding decision is merely advisory. However, once the parties know the strength and value of their cases, they may be more willing to negotiate a settlement agreement.
Alternative Dispute Resolution in the Federal Government
Many federal government agencies offer alternative dispute resolution programs. These ADR programs can help resolve:
- Disputes between workers and private employers
- Disputes between federal workers and the agency that employs them
- Disagreements between the federal government and the private organizations it contracts with
One of the most heavily used federal ADR processes is Equal Employment Opportunity Commission (EEOC) mediation. This process allows an employee who has suffered discriminatory treatment to settle their case without waiting for an investigation. While the mediation process is voluntary, the EEOC offers it to everyone who files complaints with the agency.
Choosing an Alternative Dispute Resolution Lawyer in California
ADR and litigation require similar skills, such as persuasiveness, strategic thinking, and communication. However, the procedures are often different. As a result, you should find a lawyer who has experience in resolving disputes through arbitration and mediation.
Moreover, choosing the right mediator or arbitrator can affect the outcome. An experienced alternative dispute resolution lawyer in California knows which arbitrators and mediators will handle your case fairly.
Preparing for Alternative Dispute Resolution
The first step in preparing for ADR is to find an experienced alternative dispute resolution attorney to advise you about the benefits and risks of this conflict resolution method. Once your lawyer analyzes your options, you might decide to forgo ADR in favor of litigation.
If you choose ADR, your preparation depends on whether you will undergo arbitration or mediation.
Preparing for the Arbitration Process
Preparing for arbitration is similar to preparing for a lawsuit. The arbitrator may set a timeline for the parties to exchange documents and other evidence in a process called “discovery.” After collecting evidence, your lawyer will create a legal strategy to effectively present your case and advocate for your desired outcome.
Preparing for the Mediation Process
Preparing for mediation may involve discussing your goals for a possible settlement with your lawyer. Then, your lawyer will prepare a negotiating strategy to resolve your case in your favor while fighting for concessions from the other party.
California Civil Rights Law Group Can Resolve Your Case
The ADR process may be the right way to quickly and fairly resolve your case. Contact us to discuss your options with an alternative dispute resolution lawyer in California.
FAQs
The most affordable (and most common) form of ADR is a settlement negotiation. If needed, the parties can hire a mediator for a reasonable fee to help jump-start the negotiations process.
In many cases, the parties decide to use ADR on their own. However, California judges also have the power to order mandatory settlement conferences.
Many contracts include an ADR clause. When the parties sign the agreement, they agree to follow the procedures.
When the parties agree to private ADR, they will jointly choose and pay the arbitrator or mediator. Government ADR may be performed by a judge, magistrate, or ADR professional employed by the government.
The main difference is the process. A negotiation usually only involves the parties and their lawyers. A mediation will include a neutral mediator who will facilitate discussions and encourage compromises. An arbitration is conducted by an arbitrator who issues a decision based on the merits of the dispute.
ADR is often not as contentious as litigation and allows both parties to feel like their concerns were heard. It can be a good option if you need to maintain a relationship with the other party after the case ends.
A successful ADR process could allow you to continue working for your employer. Moreover, the case could result in changes to your workplace, including training and rules to prevent the employer from subjecting any other workers to the treatment you experienced.
There is no set time frame under California alternative dispute resolution law. However, you can likely schedule an arbitration or mediation session as soon as both parties are ready.
ADR requires two willing parties. If the other party refuses to participate in voluntary ADR, you will simply proceed with your litigation. If you have an agreement that includes mandatory ADR, a refusal to participate may constitute a breach of contract under alternative dispute resolution laws.
Generally, ADR proceedings are confidential. Moreover, a party’s offer to settle a case is usually inadmissible as evidence in their court case.
The parties usually agree to keep ADR proceedings confidential. If they do not agree to confidentiality, they may disclose what happened.
