Contact Doug Koenig Law for Dispute Resolution:

What is ADR?

ADR, or "Alternative Dispute Resolution" means that it is an alternative to tradition litigation ... or, said another way, "Don't go to court if you can settle things beforehand." ADR can save time and money, both of which can be essential in your dispute.

There are several kinds of ADR, including, for example, Negotiation, Mediation, Arbitration, Mini-Trials, and more. Parties often try to negotiate a settlement. They often do this without direction or tools and it isn't always successful. Mediation is a facilitated negotiation between parties. A neutral person (the mediator) hears both parties and attempts to forge an agreement that both can live with. Settlement isn't forced on anyone ("non-binding"), but once a settlement is agreed, it must be followed. Arbitration is like a short trial in which both sides present their cases and then the arbitrator makes a decision. The arbitrator is neutral, but whatever he decides goes ("binding"). Mini-trials are very close to an actual court trial and include most of the trappings of a trial, such as evidence, witnesses, and a preliminary judgment. The decision often doesn't have the force of law, but it can influence any eventual court action.

In a very general sense, ADR provides a way to resolve issues by various tools and techniques. You would do these yourself if you could, but sometimes events get in the way and everything seems to head toward a court battle. The good news is that even if you can't settle before a suit is filed, ADR is used at just about any time ... prior to filing ... right up until the judgment is handed down by the Court!

We offer mediation of disputes at any time.

Do I need Mediation?

When you find yourself in the middle of a dispute with no apparent way out, or when litigation (filing a lawsuit) seems the only option -- think about mediation.

When you are in the throes of a lawsuit and think your position is the only one that could possibly make sense and the "other party must be crazy" -- think about mediation.

When you are certain to "win this thing, one way or the other" -- think about mediation.

When you look down the road to trial and realize that it will cost more than you ever imagined -- think about mediation.

Your best solution is not usually going to court. the legal process will bring a result, that is true. Mediation is an opportunity to present your case to a neutral third party who doesn't make judgments about your position. The mediator will ask you to talk to the other party and to think about reasonable options and solutions. But, once you head to court the result is not in your hands.

Keep control over your settlement and think carefully about mediation.

Does Mediation Work?

The American Arbitration Association says that most mediations result in a settlement. Mediation is often very effective early in a case, before a lot of money has been spent. But, mediation works even in the worst situations. for example, when you are ready for trial and think there is no hope for a settlement. Why?

Mediation is safe . Sometimes offers to settle can be taken as weakness or as a give-away of important bargaining information. But, mediation is safe because the mediator facilitates the communications between the parties. And, therefore, unproductive discussions can be avoided and proposals will be communicated to lead to a settlement. Important issues are discussed up front, when both parties can really hear one another, and this can make a remarkable difference. In addition, each side can see how things look as a sort of "test run" of trial arguments.

Mediation is focused . The right parties are present, and decisions can be made. The people involved can focus on the solution, and settlement.

Mediation is productive . When parties harden their positions, bargaining is difficult. But, when a mediator helps open possibilities, bargaining can be successful. More options means a greater chance that one will be satisfactory. This "opening" or "expanding" process can also produce solutions not originally considered by either party.

Mediation is filtered . When each side discusses options, the mediator can help parties see how the "other" side will receive it. The actual discussions can be confidential, but the parties may allow certain information to "leak" as the negotiations progress, leading to breakthroughs.

Mediation is confidential . What happens in the mediation stays in the mediation. Of course, when the parties reach settlement, they may reveal as much or as little as they agree to.

Because mediation is safe and confidential, people can share concerns and needs with the other party. they feel heard and this leads to settlements. Because mediation is focused and productive, it progresses much more quickly than litigation, and can save both sides time, expense, and worry.

Get started on mediation today . contact a mediator you trust.

Contact Doug Koenig

Your preliminary consult is free, so, give us a call, and see what we can do for you!

Contact Doug Koenig at 919-883-2800, or Email Me

Contact Andrew Bullard at 919-228-9130

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Last Update: October 7, 2013