Mediation and Alternative Dispute Resolution
Myers & Myers understands that trials are not always the best or most efficient way to address a dispute and that sometimes alternative resolution should be explored before, or in conjunction with, litigation. Our team of attorneys not only help clients through the Alternative Dispute Resolution (ADR) process as participants, but as trusted members of the legal community, we also serve as neutral mediators or evaluators on other cases. Below is a brief description of common topics addressed by our mediation and alternative dispute resolution services. Give us a call at 517-540-1700 or submit a request for an appointment today to find out how we can help you.
Mediation occurs when both parties turn to a neutral third party for assistance in resolving their dispute. This mediator will facilitate a discussion toward a resolution. The mediation is completely confidential and is not binding. If a resolution is reached, both parties sign an agreement and the matter is finalized. However, the parties are not required to resolve their matter, and either party can decide they would rather proceed with litigation if they find mediation isn’t working. Judges frequently order mediation at some point during a lawsuit to give the parties a chance to determine whether they can resolve the case without expending more time and expense in court. Myers & Myers is experienced in helping clients through the mediation process and, when appropriate, negotiating favorable resolutions rather than continuing with litigation. Our attorneys also are frequently chosen to act as mediators and assist both parties in reaching a fair resolution to their dispute.
Arbitration is similar to a trial and typical litigation, but instead of a judge, the parties and their counsel choose a neutral arbitrator to decide the case and act as the judge. Arbitration can streamline that process by limiting discovery and providing a more personalized framework to the procedure, which typically means it is a faster and less expensive way to adjudicate a dispute. Contracts, particularly in the labor and construction industry, often require disputes to be arbitrated rather than going through standard litigation. In most instances, arbitration is binding on the parties and enforceable just like a standard judgment. This limits the opportunity for appeal and also provides finality to the outcome. Because of this, it is imperative that parties and their attorneys are experienced, engaged in the process, and prepared for a fast-moving case. Our team at Myers & Myers has decades of experience in arbitrations and is ready to assist you.
Alternative Dispute Resolution
In addition to mediation and arbitration, disputes can be resolved in other forms of ADR such as case evaluation, facilitation (for multiple parties), neutral evaluation, mini-trial, and summary trial. Myers & Myers is experienced in representing clients in all forms of ADR. Since Myers & Myers has attorneys who serve as mediators, facilitators, and evaluators, they are uniquely positioned to select appropriate ADR professionals and understand how a case can be best presented to the decision-maker.
At Myers & Myers, we can help you with a wide variety of mediation and alternative dispute resolution services, including:
- AAA (American Arbitration Association)
- Binding arbitration
- Case evaluation
- Neutral evaluation
- Non-binding arbitration
- Summary trial