Alternative Dispute Resolution

Arbitration is an alternative to litigation for those interested in potentially saving money and time when compared to the oftentimes costly and time-consuming litigation process. It is helpful for anyone considering arbitration as an alternative dispute resolution option to know what it entails. How arbitration can help resolve a dispute Arbitration differs from litigation in some key ways. Arbitration is commonly viewed as a more streamlined alternative to litigation. Compared to litigation, which is typically goes before a judge, arbitration goes before an arbitrator who decides the dispute. Unlike a judge who is randomly decided to hear a lawsuit, the parties to the arbitration may be able to select an arbitrator that is mutually agreeable from a pool of potential arbitrators who will hear the dispute and decide on the dispute. In addition to being more involved it what is considered a more streamlined process, arbitration also has the added benefit of being a more private process. Unlike a lawsuit heard before a judge in court which creates a public record, arbitration proceedings are not public and are considered more private. Because it can be a more efficient process, arbitration can potentially save more than time and can also potentially

When parties have a dispute and are unable to resolve it themselves, they may want to consider mediation. Mediation is a form of alternative dispute resolution and it occurs outside of court. It is generally less expensive, less formal and more time-efficient than going to court. The mediator is a neutral third party who helps the parties reach an agreement. The mediator does not impose a settlement on the parties. It is a confidential and non-binding process. Each party is required to sign an agreement stating that they will keep all discussions in the mediation confidential. Process The mediator will usually begin by explaining the mediation process, each stage, his or her role and the confidentiality requirements of each party. Then, each party will have an opportunity to provide an uninterrupted opening statement to explain his or her position and to hear the other side’s position. After the opening statements are complete, the mediator and the parties can ask questions and the mediator will usually have a private discussion with each side. These private discussions provide the parties with an opportunity to help the mediator understand their concerns and interests. The mediator can then help the parties decide the proposals

Now that the courts have reopened after months of closures, we are beginning to see that the backlogs for all types of cases have increased exponentially. This is because most courts had backlogs prior to the slow-downs, remote work and shut downs of the past year, and those work stoppages only increased those backlogs, even on “routine” cases. This is why many people are looking to alternative dispute resolution models, and this is why so many are looking at arbitration and the right arbitrator. What is arbitration? In essence, arbitration is a courtroom alternative where a dispute is resolved privately, but the litigants still try their case before a neutral arbitrator who acts as the judge. This is often much faster and more cost-effective than traditional court litigation. And, during these times of extremely long court delays, arbitration has become the gold standard, while keeping all the traditional hallmarks of civil litigation. How to choose the right arbitrator? Unfortunately, many arbitrators have lost sight of why people choose arbitration. They have allowed their “court rooms” to devolve into the same litigation nightmare that litigants are trying to avoid. This is why when litigants are looking for the right arbitrator, they

At a time when the California court system, already backlogged before the hiatus of in-court trials last year, is still facing challenges in balancing video-conferenced and in-person proceedings, less cumbersome and quicker alternatives may start to look more advantageous. Litigants who are willing to waive a jury but who do not wish to risk the outcome of an arbitration might want to consider judicial reference. Under the California Code, CCP § 638, the appointment of a neutral as a judicial reference referee allows parties to disputes of all kinds the advantages of flexible and speedy proceedings with full procedural rights. Sometimes called a special master or private judge, the judicial reference referee follows the established rules of evidence, discovery and right to appeal, and their decision carries the same force of law as a trial judge. Distinction from an arbitrator Just as with arbitration, judicial reference is often written into contracts either as a consensual referee or as a specific remedy in resolving disputes. Both methods also require both parties to agree to the neutral who will hear both sides and render a decision. But while arbitration is private, judicial reference is guided by all the rules and proceedings of

Just like any other type of business in California, construction disputes can arise between property owners, contractors and subcontractors. Construction disputes can be costly and time consuming. However, there are several methods for resolving a construction dispute in a way that is acceptable to all involved. Negotiating a resolution before the dispute begins Sometimes it is possible to agree to a dispute resolution method before one arises. The parties to the construction contract may be able to negotiate an agreement prior to beginning work that if a dispute arises, the parties will try to reach a resolution between themselves before turning to other forms of relief. Mediating a dispute One form of alternative dispute resolution is mediation. The mediator is a neutral third party who facilitates discussions between the parties to the dispute as they work together to reach a satisfactory resolution. Mediation is not legally binding, but it can save time and money, as well as preserve a relationship that would otherwise deteriorate. Arbitrating a dispute Unlike a mediator, an arbitrator is a decision-maker. Arbitration is similar to a trial, but with different rules and requirements. In general, each side to the dispute will provide documents and facts to

When you have a legal dispute in California, is your only choice to litigate the matter in a trial? The trial process can be lengthy and expensive. For this reason, some individuals with legal disputes choose to arbitrate their issue, rather than immediately resorting to litigation. What is arbitration? Arbitration is an alternative dispute resolution process. Through arbitration, the parties along with their attorneys will have a hearing in which they will submit evidence and argue their case before an arbitration. The arbitrator is a neutral third-party and arbitration is a private process. The arbitrator will issue a decision about the dispute. This is different from mediation, as a mediator is not a decision-maker. The arbitrator may simply announce that they made a decision while other times the arbitrator will expand on that decision and provide their reasoning for coming to their conclusion. Arbitration can be binding, meaning the decision is enforceable by a court, or it can be non-binding meaning it will be final only if both parties accept it. What are the benefits of arbitration? Arbitration is similar to a civil trial, but arbitration is generally completed quicker and is less formal. Oftentimes the parties do not need

There has been an increasing use in recent years of Alternate Dispute Resolution (ADR) options to settle disputes that previously would have been litigated. This is particularly important in situations where the opposing parties wish to preserve their partnerships or business relationships after the issues have been resolved. Why should you choose ADR? The benefits of ADR are numerous. First of all, the expense is a fraction of the cost associated with litigating a dispute, which include attorney billing, the fees associated with numerous motions and discovery, as well as other court filings and appearances. Litigation is by nature contentious, with both sides having a tendency to dig in their heels the longer the process goes on. And of course, the longer the process, the more expensive it is. There is more privacy and confidentiality in ADR cases. Where keeping the details of highly sensitive corporate information confidential is of paramount importance, the ADR option will provide a screen from the public eye that a public litigation cannot provide. This is of benefit to companies who wish to minimize future claims, especially in employment and discrimination settlements. If preserving business or employer-employee relations is of vital interest to the parties

Legal trials may not always be the best way to resolve legal disputes. Sometimes, alternative dispute resolution can be a cheaper, quicker and less stressful means to settle disputes. California uses ADR methods such as mediation, settlement conferences, neutral evaluation and arbitration. Arbitration A neutral arbitrator hears arguments and evidence from each party and then decides the dispute outcome. Arbitration is less formal than a trial. Arbitrations may be binding. Parties waive their rights to a trial and agree that the arbitrator’s decision is final. Usually, bindings decisions cannot be appealed. In nonbinding arbitration, the parties may request a trial if they do not accept the arbitrator’s decision. Penalties may apply if trial does not result in a more favorable decision. Arbitration may be appropriate if the parties want another person to decide their dispute without undergoing a trial. It is also helpful in complex matters where an arbitrator’s  training and experience can deal with a dispute’s technical matters. Mediation An impartial mediator assists the parties with reaching a dispute resolution. Mediators do not decide disputes but help the parties communicate and reach their own resolution. Qualified mediators listen to the parties and help them effectively and positively communicate with