Alternative Dispute Resolution
The court room is no longer the only forum for settling a legal dispute. There has been recent a trend among legal professionals to work “outside of the box” in dispute resolution, often by utilizing the highly successful Alternative Dispute Resolution (“ADR”) procedures of Arbitration and Mediation. Bodie is proud to be at the forefront of offering creative and innovative resolutions to legal disputes.
Arbitration and Mediation offer the unique opportunity for parties to come to the table informally, avoid the high costs and time demands of a formal court trial and craft a unique resolution to the dispute. Parties to Arbitration and Mediation are not confined to mandatory court rules and procedures and both forms of ADR offer the flexibility in negotiation and outcome that a formal trial can often lack.
ADR provides parties a mechanism for settling disputes in a matter that is suitable to their needs. Contact the law firm to discuss which methods may be appropriate for your case.
Arbitration is an ADR process through which a neutral third party, the “arbitrator,” issues a legally binding decision, enforceable under State and Federal law. The arbitrator is typically a retired attorney or judge. Parties who fail to settle their claims through Mediation often consider Arbitration to settle their legal dispute. Additionally, some contracts require that a dispute be settled through Arbitration, as opposed to through the courts. If a contract calls for Arbitration for any dispute arising out of the contract, a party to the contract may move to compel that ADR process and a court trial would not be an available option for the parties.
If you think that your legal matter could be appropriate for Arbitration, please contact the Firm to discuss your case.
Mediation is as much an art as it is a science, and because it allows parties to focus on their interests rather than on their demands, it focuses on the parties involved and not on the lawyers, court rules and formal legal procedures. It is an exploration of the parties’ desire to arrive at a solution and to develop alternatives, in collaboration.
Mediation is the future. It is a developing discipline that is grounded in the persistence, talent, and integrity of the mediator, as well as in the sincere desire of the parties to reach a mutually acceptable and fair resolution. Our office is experienced in Mediation of all disciplines, having handled over a thousand Meditations involving many different areas of the law, including but not limited domestic matters, employment matters, contractual matters and personal injury matters. We offer attorneys who are certified to serve as Mediators, as well as attorneys who can represent you in mediating your legal dispute.
If you think that your legal matter could be appropriate for Mediation or if you are looking for a Mediator, please contact the Firm to discuss your case.