Alternative Dispute Resolution
Alternative Dispute Resolution, also known as ADR, emphasizes cost-effective resolutions to disputes. The expenses, delay, uncertainty, and fees of courtroom trials are avoided. In arbitration, the client’s story is presented to a panel of arbitrators, as opposed to a judge or jury. At mediation, a neutral third-party hears both sides’ stories and assists in achieving settlement. Negotiations between parties are a frequent way of achieving settlement between the parties. At DeSanto Morgan & Taylor, our lawyers are practiced in all forms of alternative dispute resolution in order to provide prompt and fair results to their clients while saving the expenses of litigation.
ADR forums are less formal than trial and often offer the parties an opportunity to speak about their case without being constrained by the rigid rules of evidence. In order to facilitate client participation in these informal proceedings, DeSanto Morgan & Taylor educates and prepares clients to fully take advantage of the opportunity of participation provided by alternative dispute resolution methods.
In addition to representing our client’s interests in these ADR forums, DeSanto Morgan & Taylor lawyers serve as neutral arbitrators and mediators. Selected by our colleagues to serve, our fellow attorneys acknowledge our experience, ability, and commitment to fairness and high ethical standards.
Before participating in alternative dispute resolution methods, the parties must know the strengths and weaknesses of their dispute. Our attorneys work extensively with clients to learn the strengths and weaknesses of each problem in order to determine each client’s risk and possible benefits. After doing so, attorneys use their experience to advise clients whether ADR is an appropriate alternative to litigation and, if so, how to approach such proceedings.
Arbitration is a presentation of one’s case to a single arbitrator or a panel of individuals with legal experience. Arbitrators include former judges and respected trial attorneys. Our attorneys have served both as arbitrators and argued in arbitration proceedings. Our attorneys are adept at presenting arbitration cases efficiently and convincingly. We have enjoyed great success at arbitration often.
Mediation is a form of alternate dispute resolution that allows parties to select a neutral, third-party to facilitate settlement. The mediator’s role is to discuss the issues with the parties and assist in resolving those issues. As with arbitration, mediation is great way to resolve litigious matters while reducing costs and saving time. Frequently our mediations take place in our own offices. Because participants have an opportunity to speak openly and confidentially, many clients feel more involved in the resolution process than when they serve as witnesses at trial. In addition to providing client representation at mediations, our attorneys are independent mediators as well as certified and appointed by the Nineteenth Judicial Circuit to conduct mediation procedures. To become certified, one must complete an intensive training program and be selected to serve.
In many cases, disputes can be resolved between the parties without involving arbitrators, mediators, or judges. At perhaps the most informal ADR forum lawyers conduct open and honest discussions with opposing counsel. DeSanto Morgan & Taylor attorneys frequently resolve disputes early in litigation and even prior to the filing of a lawsuit. With that said, our attorneys seek to obtain results fair to our clients and are not afraid to terminate a negotiation that is not fair or in our client’s best interests.