Growing and sustaining a successful business is far more of a dynamic endeavor than during any other time in history, especially with globalization and our virtual marketplace.
As a result, relationships between people inside and outside of the work environment are increasingly complex. Given the hyper-competitiveness of our world, more individuals and organizations are turning to legal counsel to resolve a range of disputes that a generation ago would be addressed less formally.
While litigation may be the best route to formal resolution of large, multidimensional disputes – especially when significant sums are at play – it is rarely an efficient process. It can be disproportionately expensive, time consuming, emotionally draining and unpredictable.
Indeed, the overall negative fallout from any outcome can often weigh more heavily on both parties than the initial dispute. Moreover, litigation outcomes are never guaranteed, no matter how confident you are in your position. Given this negative fallout and uncertainty, ADR is an attractive alternative to litigation.
FGD Law works with both individuals and organizations to successfully resolve the full range of disputes through alternative means that avoid the expensive litigation. These include:
A quick and cost-effective approach to conflict resolution, mediation is increasingly viewed as economically beneficial – particularly to businesses. It is not limited by constraints of adjudication or law and offers a proactive process that promotes solutions favorable to all parties.
Mediation is increasing popular with the courts as part of the litigation process as it reduces court dockets and trials, therefore avoiding the high costs of going to trial for both the prosecuting parties and the courts. Some states require mediation at the onset of litigation before they will place it on the trial calendar. In fact, mediation creates an environment for all involved to freely and confidentially express their position in front of a neutral third party. It attempts to limit the issues and induce a proper perspective. It also helps to defuse the hostility inherent in litigation.
Mediation can be used for any kind of dispute, at any point, when a situation is appearing “unworkable”. The parties do not have to wait until a dispute results in a lawsuit. As a pre-lawsuit alternative, mediation is confidential, non-binding, relatively quick and inexpensive.
If the parties come to an agreement, they articulate that agreement in writing, sign it, and it becomes a binding contract.
FGD Law provides full mediation services for both internal and external disputes, including:
- Negotiation facilitation and direct representation
- Mediation preparation and decision-support
Like mediation, arbitration employs a neutral third party for oversight, but arbitration results in a binding decision.
Arbitration is generally conducted with a panel of multiple arbitrators who assume a role similar to that of a judge, making decisions about evidence and giving written opinions. Arbitration allows for a more streamlined and customized process, including the ability tolimit discovery, simplify rules, and schedule in a flexible manner.
FGD team members can provide guidance in selecting this dispute resolution option and offer significant experience from having served as arbitrators themselves.
How May We Help? NextStep@fgd-law.com