Not all disputes between business partners or even family members can be resolved on their own. Sometimes it takes additional help from someone who is looking at both sides from an outsider’s perspective. Most people believe that if they cannot resolve issues by themselves, that the next step is to take the dispute to the courtroom. However, there are alternative dispute resolutions that can keep you out of the courtroom.
An alternative dispute resolution process will be less formal, less expensive, and less time-consuming than a court hearing. Here are some of the different ways you can come to a conclusion without stepping foot in a courtroom.
Mediation
This process allows people involved in a dispute to come together with a mediator to discuss the best solution for all parties involved. The mediator is impartial to the dispute and will talk with both parties about what they hope to achieve out of this process. After the mediator has spoken with all individuals involved, everyone will come together to express their side of the situation. A mediator will moderate the conversation. The mediator’s job is to minimize interruptions from either side and to help each side clarify their positions by asking pointed questions. The goal is to make it easier for everyone to understand what needs to be resolved, and to help the parties reach a resolution. After the parties come to an agreement, they can plan to carry it out in good faith, but it is suggested that the parties hire a lawyer to make the decision legally binding.
Arbitration
Parties who would like to go through arbitration instead of taking their case to the courtroom will need to find a neutral and impartial arbitrator to help them come to an agreement. Similar to a mediation, this process is more private because there are no public hearings or public decisions. The process is much less formal than a court hearing, however; the decision made is binding and enforced just like it would be in a courtroom. All decisions made in arbitration are based on evidence and law and therefore, it is recommended that your arbitrator be a lawyer because they are litigation experts.
Collaborative Law
Some common issues that are resolved through collaborative law are disputes regarding estate and trusts. In the state of Georgia, to participate in collaborative law, attorneys must be trained and certified in the civil collaborative process by the Collaborative Law Institute of Georgia. With the guidance from their respective lawyers, the parties involved will agree to enter a contract and disclose information to help them find a mutually agreeable settlement. This process encourages both parties to come to a resolution on the first try because if they fail, both attorneys must withdraw from representation. If the individuals wish to go through this process again, everyone involved must find new attorneys and start from scratch.
Alternative dispute resolution will give you a better chance of finding an outcome that is favorable for all parties involved, and it will cut down costs and eliminate time spent in the courtroom. When you have an experienced attorney by your side, there will be no real winner or loser – instead, both parties will be satisfied with the outcome.
If you feel that a dispute you are involved in could be resolved through mediation, arbitration, or collaborative law, you should seek counsel from an attorney.
Contact our experienced attorneys to schedule a consultation today.
Gaslowitz Frankel LLC is Georgia’s premier fiduciary litigation law firm. The firm has earned a reputation for excellence across Georgia and the Southeast in providing representation to individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, conservatorships, businesses, and securities.
