Litigation is the customary way to resolve legal disputes, but it can be costly, it is adversarial and it can become public. In many cases, individuals who are involved in business disputes do not wish the dispute to be resolved in litigation for a variety of reasons, including concerns about costs, about publicity and about the breakdown of important business relationships.
There are alternatives to litigation. Alternative dispute resolution (ADR) is a popular method of resolving a wide variety of cases that might otherwise end up in court. ADR can work very well for business clients provided the right approach is chosen.
An experienced attorney from Sepahi Law Group APC can provide information to clients in San Diego and throughout California about alternative dispute resolution options and can advise on whether ADR is appropriate under the circumstances. Our attorneys can also represent your company’s interests, protect you throughout the ADR process and use our negotiating skills and legal knowledge to help reach the best outcome for your business.
Defining Alternative Dispute Resolution
The category of alternative dispute resolution is broad and can refer to any approach to resolving a legal dispute that does not involve litigating in a courtroom. However, there are two primary types of alternative dispute resolution used for business disputes within the U.S. These include mediation and arbitration.
Mediation is typically a voluntary process. A third party mediator who is independent and who is generally trained in psychology, social work or behavioral studies, is selected. The mediator facilitates communication among the different stakeholders involved in the dispute. The goal is to find an amicable and reasonable resolution by making it easier for parties to communicate clearly, express their desires, get to the heart of their differences and determine a fair outcome. Mediation works only if all parties involved are actually committed to pursuing a reasonable resolution collaboratively.
Arbitration is a different type of ADR. Arbitration is typically binding, which means the decision of the arbitrator will stand. While the decisions made in arbitration may sometimes be appealable, the decisions will generally not be overturned unless there was a serious breach of protocol or the arbitration was unfairly handled or unjustly decided.
Parties may enter into arbitration because an arbitration clause in a pre-existing contract requires them to do so if a disagreement arises. Some parties also prefer professional arbitrators when an understanding of the issues in a dispute requires in-depth knowledge of a technical field. An arbitrator can be chosen who has more insider information than an average judge would.
Whether involved in mediation or in arbitration, it is essential that your business is represented by a lawyer looking out for your interests. Sepahi Law Group, APC is here to help. Call today and we can help you to begin preparing for alternative dispute resolution in San Diego or exploring which alternative dispute resolution method is best for you.