ALTERNATIVE DISPUTE RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION

Alternative Dispute Resolution (ADR) encompasses various methods of resolving legal issues without resorting to traditional litigation (i.e., court). These methods are usually more cost effective, expeditious, more amicable than an adversarial trial, and often times yield better results because the parties have more control over the process. Mediation and arbitration are two types of ADR. (Click here to learn more about mediation).

Arbitration

Arbitration is the alternative dispute resolution process that is most similar to formal litigation. It can be thought of as a “private trial” where the attorneys for each side are able to choose the arbitrator, the rules of procedure for the arbitration, how evidence will be presented (i.e., by affidavit, live testimony, documentary evidence), and the date of the arbitration. Preparation for an arbitration is similar to preparing for a trial in that witnesses may be called to the arbitration, motions may be filed, and depositions may be taken. Typically, parties will testify at the arbitration proceeding. At the conclusion of the arbitration, the arbitrator issues a written award. Unless the parties agree otherwise, this award can be incorporated into a court order so that the parties will have the ability to enforce the arbitrator’s award as an enforceable court order.

Typically, the arbitrator is an attorney who has extensive experience in family law who acts as a judge. Although the parties must pay the arbitrator for his/her time, which, depending on the arbitrator, can easily range from $200.00 to $300.00 per hour, in a good number of cases arbitration can be the most efficient and most cost-effective way to resolve a case if the parties are simply unable to reach an agreement between themselves. For example, in traditional litigation it is not uncommon for parties to wait a year or more before their claims are heard. Or even more frustrating is when the parties’ claims are scheduled for hearing, but the judge’s docket is full and the judge simply does not have the time to hear the case during the session of court the case is scheduled to be heard. The parties are then “bumped” from the docket and forced to reschedule their case three to six months down the road. Each time a case is not reached during a session of court, or is “bumped” from the court docket by other cases, it costs the parties’ time and attorney’s fees. For this reason alone, arbitration is often both a cost-effective and time-effective alternative for litigating issues in dispute. Additionally, you can select your judge in arbitration, select where the arbitration will take place and choose who can attend. In the traditional litigation system, you have no control over this.