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Alternative Dispute Resolution


Alternative Dispute Resolution refers to the use of non-court arenas to resolve conflicts in a cost effective manner. The two main forms of ADR are arbitration, which is binding on the parties and may be judicially enforced, and mediation, which aims for a result that reflects the equities of the situation and may also be a mandatory step imposed by the court prior to trial. Both types of ADR may allow for a quicker, cheaper and more balanced resolution of an ongoing conflict.

The Fischman Law Firm’s ADR practice is chaired by Bruce D. Fischman. He has often appeared before the American Arbitration Association. His experience in this area includes national and international arbitration and mediation. The firm's years of experience in this area assists our clients in receiving a fair and equitable resolution to their conflicts, without the difficulties that may be present in the traditional courtroom setting. The following are ADR areas with which the firm is available to assist you with:

Mediation


The most common form of Alternative Dispute Resolution, mediation is often required by the courts as an intermediary step to resolve a conflict in front of a neutral mediator before it reaches the trial stage, but the parties may agree to undergo mediation of their own initiative. The process of mediation, which provides a neutral zone in which both sides can get to the heart of the issue and come to an equitable resolution of the matter at hand, includes areas such as:

  • Court ordered and voluntary mediation
  • Binding and nonbinding mediation
  • Contractual mediation provisions
  • Contract disputes
  • Labor/Employment issues
  • Commercial disputes
  • Construction projects
  • Medical Malpractice
  • and many other areas

Arbitration

Arbitration refers to the less formal but binding resolution of disputes before an arbitrator or arbitration panel. There are several national and international organizations that perform and monitor the arbitration process, such as the American Arbitration Association and the United Nations Commission on International Trade Law. Some areas that come under the umbrella of arbitration include:

  • Domestic and International Arbitration
  • NASD and stock exchange arbitration
  • Contract and license disputes
  • Labor/Employment Issues
  • Commercial disputes
  • Construction projects
  • and many other areas

Other forms of ADR

The philosophy of ADR is to come to a resolution of issues without the extended material and emotional costs imposed by protracted litigation. There are other forms of ADR besides mediation and arbitration that are all used to accomplish this goal, including:

  • Dispute review boards
  • Early neutral evaluations
  • Mini/mock trials
  • Summary jury trials
  • Partnering
  • Moderated settlement conferences
  • and other specialized forms of ADR


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Corporate & Commercial Litigation | Labor |Internet | Healthcare | Medical Malpractice Record Storage | Construction | ADR