Alternative Dispute Resolution
A Pathway Where Potentially Everyone Can Win
Growing and sustaining a successful business is far more of a dynamic endeavor than 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 situation that triggered the litigation.
Litigation outcomes are never guaranteed, no matter how confident you are in your position. There are increasing advantages to Alternative Dispute Resolution approaches for acquiring a favorable outcome to your personal and business conflicts.
FGD Law works with both individuals and organizations to successfully resolve the full range of disputes through alternative means that avoid the high costs of 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 mutual gains solutions of common benefit to both parties and the larger context in which they operate.
FGD Law provides full mediation services for both internal and external disputes:
- Negotiation facilitation and direct representation
- Mediation preparation and decision-support
Keep in mind: Mediation is increasing popular with the courts as part of the litigation process as it has shown to reduce 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.
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 that is 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.
Like mediation, arbitration employs a neutral third party for oversight and is commonly applied as a binding process where mediation is often not.
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.
Although arbitration is sometimes conducted with one arbitrator, the most common procedure is for each side to select an arbitrator. Those two arbitrators then select a third. Decisions are made by a majority vote.
FGD team members may 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