There are countless reasons a business may feel forced to consider litigation to set things right. From breach of contract to employment discrimination, there are a myriad of ways a business can end up on either end of a legal battle. As a firm with an experienced and well-established legal team with a history of winning verdicts, it might be assumed that we typically recommend pursuing or defending conflicts in court. Such is not the case. The truth is, lawsuits can be stressful, time-consuming and expensive. So, whenever feasible, we work with businesses to find the easiest, quickest and least costly way to resolve disputes, which is often by alternative dispute resolution, or ADR, when applicable. Two of the most common forms of ADR are arbitration and mediation.
Arbitration
Arbitration is somewhat like an abridged version of a trial in which the involved parties typically agree to a binding arbitration and the terms involved, like which and how many arbitrators will compose the panel, what discovery will be allowed, whether or not limited hearsay evidence will be admissible, the rules of the arbitration, and so forth. If the parties can’t agree on the principle terms, they can petition the court to make these decisions for them.
Arbitration hearings are most often shorter than trials, lasting from a few days to about a week, and are in session only a few hours each day. Then the arbitrator(s) deliberate and issue a binding decision, making it simpler and quicker than a trial.
Mediation
Less formal than arbitration, mediation is less time-consuming and more flexible and private than litigation. Apart from any final agreement that is part of a court order, mediation proceedings remain confidential, which can be valuable for many businesses. “Mediation involves less complexity than going to court, and almost always amounts to significant cost savings,” says litigator Phillip S. Smith, who also offers experienced mediation services. “And results are typically quicker, too, as information sharing is less formal.”
Mediation can be a great choice for businesses that may want to retain an ongoing relationship with the other party, which may be another business, a current employee, or a community interest. “Mediation tends to be the least fractious way to resolve a dispute,” says litigator Daniel Kersey. “When it’s possible to attain a positive outcome, we offer that as an option.”
However, if the parties or circumstances make ADR impossible, the legal team of McLin Burnsed is experienced, aggressive and fair, whichever side of the lawsuit you’re on. They are prepared to fight forcefully for justice and utilize every element of the law to gain a winning outcome in the courtroom.