Alternative Dispute Resolution
Not all lawsuits proceed to a trial before a judge or a jury. There is often a window of opportunity, either before or after a lawsuit is filed, where the parties may be able to negotiate a reasonable settlement or resolution that avoids the financial costs, risks, uncertainty, and emotional turmoil of proceeding with a lawsuit. If that opportunity presents itself, the attorneys for the respective parties may suggest one of the various forms of alternative dispute resolution (ADR), in which a neutral, independent third party is utilized to facilitate negotiations and help move the parties to a mutually agreed-upon settlement. While there are many types of ADR, the goal is always for the parties to negotiate freely to come to a resolution, since doing so provides the best opportunity to promote settlement and support a family’s need to move beyond the conflict to find healing.
Common Types of Alternative Dispute Resolution
Mediation
Not all lawsuits proceed to a trial before a judge or a jury. Whether before or after a lawsuit is filed, there is often a window of opportunity where the parties may be able to negotiate a reasonable settlement or resolution that avoids the financial costs, risks, uncertainty, and emotional turmoil of proceeding with a lawsuit. If that opportunity presents itself, the attorneys for the respective parties may turn to alternative dispute resolution (ADR), in which a neutral and independent third party is utilized to facilitate negotiations and help move the parties to a mutually agreed-upon settlement.
While there are many types of ADR, the goal is always for the parties to negotiate freely, since doing so provides the best opportunity to promote settlement. Therefore, if ADR does not result in a resolution, the statements made in settlement discussions will not be admissible as evidence if the litigation proceeds.
Arbitration
Collaborative Law
The core principle of collaborative law is that from the initial stages, the parties, their lawyers, and other involved professionals agree to resolve the matter without resorting to litigation. Collaborative law has become common in divorce actions, and it is increasingly seen in the area of estate and trust litigation. In order to participate in collaborative law, attorneys representing all parties involved must be trained and certified in the civil collaborative process by the Collaborative Law Institute of Georgia (CLIG).
Through collaborative practice, the parties enter into a contract in which everyone agrees to fully disclose information and focus on devising a mutually agreeable settlement. The parties agree to work together, rather than at odds, in trying to resolve their dispute. As part of the contract, the attorneys agree that the scope of their representation is limited to the collaborative process. Therefore, if the parties are unable to resolve the matter, then both attorneys are to withdraw from representation. This creates a strong incentive for both parties to make the collaborative process work, because if it fails, the parties will have to begin the process again with new representation.
Consult with an Experienced Attorney
The attorneys of Gaslowitz Frankel have years of expertise and success in all forms of Alternative Dispute Resolution. If you have a dispute that might benefit from ADR, consult with the attorneys of Gaslowitz Frankel.