Dispute Resolution: The Art of Solving Problems.
Conflict is one of the most difficult parts of life to navigate elegantly. Depending upon the parties involved, it may seem like a daunting task, if not completely impossible.
Despite this there is power in remembering that the legal system has been in place for a long time and essentially all conflicts resolve in two main ways:
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Our experience in negotiating solutions for our clients is our greatest skill. We have been crafting viable, practical, and lasting solutions for over 35 years. Navigating through challenging problems and isolating avenues for success is the driving force for this firm and is the highest motivator for our attorneys.
Compromise
Private Agreement
The reality of law is that the vast majority of cases never make it to a trial verdict: approximately 95% of cases settle privately. An agreement can be entered into at any time in the process, for any reason, as long as both sides agree. Finding an approachable agreement for both parties is what we work towards each and every day.
Creating a solution that both sides agree to, instead of waiting for the court to decide, allows for the maximum control over how the dispute is ultimately resolved.
Creating a solution that both sides agree to, instead of waiting for the court to decide, allows for the maximum control over how the dispute is ultimately resolved.
Mediation
Mediation is a process in which both parties are brought together in the same building but are kept apart in separate rooms. An impartial Mediator alternates between each room. The Mediator then listens to each party, explains the law, and highlights the strengths and weaknesses of each side. The ultimate goal is to arrive at terms that both parties can agree to. An agreement is then drafted and signed, resolving the conflict.
In our experience this is the fastest and most cost effective way to resolve a dispute. If this sounds like a viable solution to you, our MEDIATION page has more information regarding how to use this method effectively.
In our experience this is the fastest and most cost effective way to resolve a dispute. If this sounds like a viable solution to you, our MEDIATION page has more information regarding how to use this method effectively.
Solution Through Court Order
Arbitration
Arbitration is a very common way of attempting to avoid trial but is very similar to the trial process in many ways. A mandatory arbitration clause is frequently included in contracts, which in effect negates your right to a trial. The process proceeds as follows.
Often, the problem with Arbitration is that it has a much shorter lead time, which is court mandated. The shortened time frame does not always give you enough time to get all the facts and can lead to poor presentation to the arbiter. After all facts are presented, the arbiter will make a decision on how to proceed forward.
Interestingly, the arbiter is not required to follow the law. He or she is free to consider the applicable law, and then apply or reject it, as long as they can claim that they are attempting to be fair. This makes the outcome of arbitration very hard to predict, but is very fast in comparison to a full lawsuit. If your issue is a problem with a contract, if there is an arbitration clause in it you may not have any choice but to use this method. Depending upon the language of the contract, the losing party is often stuck with their decision without an ability to appeal it.
Though most arbitration rulings that we have participated in have been reasonable, there are risks, and because of that we typically prefer mediation.
- Both sides appear in front of an arbiter,
- They present their cases similarly to how a trial is conducted
- Afterward, the arbiter will make a ruling.
- Both sides are bound by the ruling, and the arbiter's decision is final.
Often, the problem with Arbitration is that it has a much shorter lead time, which is court mandated. The shortened time frame does not always give you enough time to get all the facts and can lead to poor presentation to the arbiter. After all facts are presented, the arbiter will make a decision on how to proceed forward.
Interestingly, the arbiter is not required to follow the law. He or she is free to consider the applicable law, and then apply or reject it, as long as they can claim that they are attempting to be fair. This makes the outcome of arbitration very hard to predict, but is very fast in comparison to a full lawsuit. If your issue is a problem with a contract, if there is an arbitration clause in it you may not have any choice but to use this method. Depending upon the language of the contract, the losing party is often stuck with their decision without an ability to appeal it.
Though most arbitration rulings that we have participated in have been reasonable, there are risks, and because of that we typically prefer mediation.
Trial
A trial is the most robust and final settlement option available. It is long and slow, but very thorough.
Areas where a Trial is helpful include:
Trial is one of the most engaging intellectual arenas in the world, and when used appropriately, it can effectively solve many disagreements. However, because our ultimate goal is to quickly and efficiently solve your issues, a trial is frequently unnecessary. You can be assured that if your case does goes to trial, you will have an aggressive and thorough advocate in us.
Short of a full trial, often simply a small portion such as only the fact finding portion of a lawsuit is needed to arrive at a resolution. In this way, the process of a lawsuit can be used with great efficiency and without the ultimate need to go to trial at all. Click below to see how it can be use used to your advantage.
Areas where a Trial is helpful include:
- If you have trouble getting someone to respond to you, bringing a suit compels them to answer or lose the case.
- If you are having trouble getting the other side to turn over particular documents to support your case, the discovery process at the beginning of the trial can be used to compel your opposition to turn them over.
- If you are dealing with a very unreasonable opponent who will not compromise, a verdict from a trial solves the issue and backs it with the force of law.
Trial is one of the most engaging intellectual arenas in the world, and when used appropriately, it can effectively solve many disagreements. However, because our ultimate goal is to quickly and efficiently solve your issues, a trial is frequently unnecessary. You can be assured that if your case does goes to trial, you will have an aggressive and thorough advocate in us.
Short of a full trial, often simply a small portion such as only the fact finding portion of a lawsuit is needed to arrive at a resolution. In this way, the process of a lawsuit can be used with great efficiency and without the ultimate need to go to trial at all. Click below to see how it can be use used to your advantage.