ALTERNATIVE DISPUTE RESOLUTION, OR ADR, MEANS RESOLVING YOUR DISPUTE WITHOUT A TRIAL.
Alternative Dispute Resolution (“ADR”) can be used anytime, even after litigation has started. Courts are routinely ordering ADR during the litigation process. Mr. Baum often recommends starting with ADR early in the dispute resolution process, saving his clients time, expense and the conflict of a litigated trial.
A LITIGATION TRIAL ATTORNEY WANTS TO AVOID LITIGATION?
That’s right — litigation lawyer Robert Baum wants to start with ADR in order to avoid any kind of litigation. His belief is that a dispute should not go to trial unless absolutely necessary, so Mr. Baum tries to begin with mediation services whenever possible.
ADR refersto any means of settling a dispute without a trial, but usually refers to mediation, arbitration, neutral fact-finding, neutral case evaluation and med-arb (a combination of mediation and arbitration). A new form of ADR, known as “Collaborative Law,” is quickly being recognized as the best way of resolving many disputes. Mr. Baum has extensive experience in the collaborative law process.
THE ADVANTAGES TO ADR ARE NUMERIOUS:
- It is quicker than going through a trial, thereby reducing the stress and uncertainty that occurs during months and sometimes years of litigation.
- Dispute resolution usually costs less than litigation.
- It offers more certainty than litigation, because there are no appeals.
- It offers more flexibility in getting to resolution, because you set the rules.
- Any ADR processes can be confidential, unlike litigation where many private facts can become public information.
- Through alternative dispute resolution, you can address issues that a court cannot consider, and your case can be settled with creative solutions that the court on its own would not order.