TYSONS OFFICE
Helping You Resolve Disputes Via Alternative Means
Gammon & Grange, P.C., offers Alternative Dispute Resolution Services for a wide range of legal conflicts. While there are several different types of Alternative Dispute Resolution (ADR), the two most common and most useful are Mediation and Arbitration.
Mediation is a process whereby the parties to a dispute meet with a neutral facilitator who guides their discussions and assists them in reaching their own resolution. The Mediator has no authority to bind the parties to anything, but a written and binding voluntary agreement is the usual result.
Arbitration is a process whereby the parties to a dispute voluntarily grant authority to either a single arbitrator or a panel of arbitrators to make a binding decision, which if necessary is enforceable by the courts. Arbitration may be thought of as a decision by the parties to a dispute to retain the services of a Private Judge rather than to take their dispute to court.
It is possible and often recommended to combine the two processes so that the parties move into an arbitration phase only if mediation is not first successful and only upon those remaining issues not resolved in mediation.
There are a number of important advantages to choosing ADR over litigation. The primary reason why people do not choose ADR is simply a lack of awareness of the option and knowledge of how it works. It is also true, however, that we live in a highly litigious culture, where fighting for one’s own personal advantage may be recommended and expected by many acquaintances of the parties to the conflict. It is often difficult to choose something which is not recommended by friends or family members.
Below is a brief list of primary differences in the two options and processes for resolving conflicts, judicial and ADR, and the reasons why ADR is often preferable.
1. Cost
Litigation is costly. Few people leave the court house thinking that they received a bargain. Often these costs can be stunning, many times what was expected. Costs are often driven by the actions and aggression of the opposing party, who may file a counter-suit or Motions and Discovery which require a great deal of time and money to respond to. These costs are often difficult to anticipate or budget for in advance.
There is often no simple or abbreviated way in the judicial system to get a case fully heard and resolved. Some types of cases may fall within the jurisdiction of “small claims” courts and procedures. But even there, parties are often at a significant disadvantage without counsel. Most types of cases cannot be resolved in this way and fall within the jurisdiction of courts which have detailed procedures and rules of evidence that are very difficult to navigate without counsel. To bring such a case to trial and have it successfully completed will often cost tens of thousands of dollars. Unfortunately, the result may often not justify the cost.
Compared to litigation, most ADR procedures are relatively inexpensive. While legal counsel is encouraged, the roles of the attorneys are often more limited, and may involve only advice. Even if the attorneys are presenting the case in arbitration, their billable time is often considerably less than in the formalities imposed by judicial litigation. Since the fee of the Mediator or Arbitrator is usually divided by the parties, and because the time involved is usually a fraction of the time involved in litigation, ADR procedures are generally more affordable to more people.
2. Time
3. Detail
4. Being Heard
5. Simplicity
6. Control
7. Stress
8. Conciliation
Even when a case has been fully litigated, and therefore resolved as far as the law is concerned, relationships are generally broken. The adversarial system itself is not designed to mend, redeem or heal; it is designed merely to end civility-disrupting conflict. ADR can offer an opportunity to restore relationships. It will not always do so, but it offers the best opportunity for doing so. If the Conciliator/Mediator/Arbitrator is a person who understands the value of restoration and knows how to encourage it as part of addressing the primary goal of the proceeding, which is conflict resolution, then restoration of relationships is given a real chance.
Mr. Klima views his passion and calling to help people achieve a just and reasonable peace as a natural outgrowth of his decades of experience representing parties in difficult family law conflicts. Both that experience and his 12 years of service as a Substitute Judge have given him the knowledge and understanding to guide people to a resolution similar to what they might expect to achieve in court, at a fraction of the time, expense and stress, which they might otherwise experience. He is also committed to helping to restore relationships to the greatest extent reasonably possible.
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To learn more about the ADR program offered by Gammon & Grange contact us by email at info@gg-law.com.