ADR Services that Work Best

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Alternative dispute resolution (ADR) forms can be quite helpful for business owners who find themselves ensnared in legal disputes and conflicts with customers and/or other businesses. Litigation takes time, and as the old saying goes, “Time is money.”

The more time your business spends in the courtroom, the greater the impact those disputes and conflicts will have on your business’s profitability. In many cases, ADR can resolve a business’s disputes more quickly and more economically than proceeding to trial, especially if an experienced California attorney is assisting you through the ADR process. Knowing what types of disputes are best
handled by ADR forms is essential to obtaining the greatest benefit for you and your business.

What is the Best ADR Form for My Business Dispute?
There are two main types of alternative dispute resolution: mediation and arbitration. In mediation, the parties to the dispute work with a neutral, third-party mediator whose task is to foster discussion between the parties in the hope that the parties will reach an agreement to resolve their case. The mediator’s role is not to determine who is “right” and who is “wrong,” but rather to foster an understanding of each party’s legal positions and claims. Conversely, arbitration involves submitting the dispute to a third-party arbitrator who acts as a sort of judge. The arbitrator presides over a “trial” in which evidence is presented and testimony received (although the evidentiary rules are typically relaxed so that the hearing can proceed much more quickly). At the end of the hearing, the arbitrator renders a decision to resolve the case.

Mediation may be the appropriate ADR form if:
-You and the other party are both desirous of avoiding trial;
-You believe you can have an honest and productive conversation with the other party;
-Neither you nor the other party have strong and well-supported positions in the dispute;
-You want to avoid a situation in which there are “winners” and “losers” but instead want to collaborate and cooperate.

Arbitration may be the more appropriate ADR form if:
-You and the other party want to avoid the expenses and costs associated with trial;
-You and the other party have not had fruitful discussions regarding the resolution of your dispute;
-There is disagreement between you and the other party as to whether one of you or the other is at fault.

A California ADR Law Firm Can Assist You
Whether you need assistance determining if your dispute is a good candidate for ADR or you need representation to ensure your legal rights are protected while you participate in arbitration or mediation, an experienced and dedicated ADR law firm can help you achieve satisfactory results without incurring the costs associated with litigation.

ABOUT THE AUTHOR: JGPC Business & Corporate Law
James H. (Jim) Gulseth was born and attended high school in Devils Lake, North Dakota and graduated with an A.B. degree from the University of California at Berkeley. He earned his JD degree at the University of California Hastings School of Law in San Francisco. He is a member of the Corporations, Business Transactions, Securities and Tax and Intellectual Property Sections of the State Bar of California and is a member of the State Bar of California, the Alameda County Bar Association, and a member and past President of the Eastern Alameda County Bar Association.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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