Your Options for Alternative Dispute Resolution
Sept. 30, 2022
Disputes often occur when two or more parties are involved in a business transaction, contract, or agreement. Rather than going to court, there are other methods—including mediation and arbitration—that can be employed to settle such disputes peacefully and amicably. An experienced business law attorney can enlighten you about your options for alternative dispute resolution when involved in a business dispute.
At Caleb Bland Law, PLLC, we’re committed to providing outstanding legal services and guiding clients in alternative dispute resolution matters, including mediation, arbitration, and Med-Arb. Our trusted legal team can enlighten you about the benefits and drawbacks of each ADR option and guide you through the processes involved. We’re proud to serve clients across Elizabethtown, Shepherdsville, Hodgenville, Louisville, Jefferson County, Nelson County, and Hardin County, Kentucky.
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) involves using any means to resolve disputes outside of litigation (going to court). Some of the most common ADR methods include mediation, arbitration, neutral evaluation, transaction, negotiation, and conciliation. Through any of these ADR methods, business disputes may be resolved in a confidential, amicable, and hassle-free way compared to court proceedings.
What are the Benefits of ADR?
Here are some benefits of resolving disputes using alternative dispute resolution methods:
ADR can ensure faster resolution of disputes
It is cost-efficient and time-effective
These methods are flexible, helping reduce stress
ADR allows all disputing parties to participate in the dispute resolution and work out a feasible settlement
Resolving disputes through ADR help achieve greater satisfaction for all parties involved
ADR can help preserve existing relationships after resolving the dispute
ADR help maintain the confidentiality of all parties involved
If you’re involved in a dispute and considering pursuing an alternative dispute resolution, you need to speak with an experienced business dispute attorney. Your lawyer can enlighten you about the different alternative dispute resolution options that are available to you and help determine the right one for your unique situation.
What is Mediation?
Mediation can be described as the process whereby the parties involved in the dispute come together to identify and discuss their issues, differences, and concerns and hopefully reach a fair resolution with the assistance of a neutral third-party (mediator or mediation attorney). The mediator’s job isn’t to determine which party is right or wrong. Rather, they will help negotiate with all parties involved in the dispute and facilitate a feasible compromise.
The Mediation Process
Over the years, many parties involved in business disputes have been able to reach complete or partial agreement through mediation. According to statistics from the American Arbitration Association, about 85% of commercial matters are resolved through mediation or writing settlement agreements. The mediation process may sometimes change, depending on the specific situation. Nonetheless, here are the steps involved in a typical mediation:
All the disputing parties will meet together with the mediator to discuss the disagreements.
The mediator will have all participants introduce themselves and will educate everyone present about the process.
The mediator will encourage all parties to be as civil and professional as possible and avoid interrupting any party that is speaking.
Each party will be allowed to have a private session with the mediator. A separate or private room will be made available.
Each party will be allowed to explain the dispute from their viewpoint and state their position.
The mediator will ask the parties to make an offer and counteroffer while taking the other party’s position into consideration.
If the disputing parties are able to reach a fair resolution, the mediator will document the terms and provisions of the agreement. All agreed-upon terms must be signed by all parties and then presented to the Kentucky court for official approval. A trusted mediator or mediation lawyer can help facilitate the discussion and keep the conversation on track.
What is Arbitration?
Arbitration requires the parties involved in the dispute to gather and submit evidence and testimony to one or more arbitrators. The arbitrator or panel of arbitrators will evaluate the available evidence and help decide the best possible resolution for the dispute.
The Arbitration Process
Here are the steps involved in a typical arbitration:
One of the parties involved in the dispute (the claimant) will file a statement of claim stating the relevant facts. This initiates the arbitration process.
The other party or parties (the respondent) will respond to the arbitration claim.
The panel of arbitrators will schedule a date to hear the case and preliminary issues. Relevant information and documents will also be exchanged in preparation for the hearing.
During the hearing, the disputing parties will present evidence and arguments supporting their case to the arbitrator or panel of arbitrators.
Once the hearing has been concluded, the arbitrators will review the available evidence and facts of the case, deliberate, and issue a written decision.
An experienced attorney can guide you through the process, prepare you for the arbitration hearing, and help protect your interests.
What is Med-Arb?
Med-Arb is a dispute resolution process that involves the combination of both mediation and arbitration. Initially, the parties involved in the dispute will work out a settlement agreement through mediation. However, if they reach an impasse or standoff on certain matters—a state where no progress is feasible—an arbitrator will intervene to help settle the pending issues.
Personalized & Skilled Counsel
Mediation, arbitration, or a combination of both methods offer a great approach to resolving business disputes without going to court. An experienced business law attorney can explore your alternative dispute resolution options and determine the right one to pursue.
At Caleb Bland Law, PLLC, we have the experience and resources to guide clients through the complexities involved in settling business disputes. Our dedicated attorneys can evaluate your unique circumstances, help you understand your different dispute resolution options, and decide the right approach to pursue a favorable outcome.
Contact Caleb Bland Law, PLLC, today to schedule a simple case assessment with a knowledgeable business dispute attorney. Our reliable legal team can offer you the experienced legal counsel, assistance, and skilled advocacy you need to navigate the legal process. We proudly serve clients across Elizabethtown, Shepherdsville, Louisville, Jefferson County, and Nelson County, Kentucky.