Alternative Dispute Resolution Attorney in Montgomery County, Prince George's County, Howard County and Frederick County, MD
| Mediation | Collaborative Law | Arbitration | Litigation | |
|---|---|---|---|---|
| Cost | Lowest. Can be as little as a few hundred dollars, although in the low four figures is more realistic. | Higher, because you have two lawyers involved in the entire process, rather than just one in mediation. | Substantially higher-can be as high or higher than litigation in court because, in addition to discovery, motions, and a trial, you are paying out of pocket for the judge. But the parties, or arbitrator, can issue rules to limit the expenses. | Absurdly high. Multiples of thousands of dollars. Few cost controls. |
| Time for Resolution | Quickest-sometimes a few hours. | Slower-usually several meetings of all the lawyers and clients together sometimes may include experts. | You set the schedule with the private judge (the "arbitrator"), but with briefs, discovery, and a trial, can be lengthy. Usually, appeals are not available. | Can be years. First discovery must be completed, motions filed, heard and decided, then a judge must be available to hear and decide the case, and then possible appeals. |
| Types of Cases for which process is most appropriate | Any matter in which the parties are willing to listen to the other side (directly or through a mediator) and are willing to negotiate in good faith. Cases, where there is a significant imbalance between the parties (e.g. one party is at a significant educational or psychological dis-advantage), may not be appropriate for mediation. | Cases where the parties want to bargain in good faith, but one or both feel more comfortable negotiating with their lawyer by their side. | All cases except for child custody and support (although arbitrator can issue advisory opinions in those type of cases) | Where the parties cannot negotiate, there is a significant power imbalance or abuse, or where a precedential decision is important, perhaps by appeals. |
| Confidentiality | All documents prepared for the mediation, and all matters discussed in the mediation, are confidential. Only the final agreement, if submitted to the court, is a public document. | All documents prepared for the collaborative negotiations and all matters discussed in the sessions are confidential. Only the final agreement, if submitted to the court, is a public document. | Depends upon the rules the parties establish. At a minimum, if the arbitrator's decision is filed with the court for registering or enforcement, it will be available for public inspection. | General all pleading, attachments and judicial decisions are open to the public, although parties can request that certain medical, financial, or child information be kept private. The is the least private of the processes. |
| Decision-maker | You and the other party. | You and the other party. | The arbitrator | The judge |
| Outcome | Mediator prepares a Memorandum of Understanding or Settlement Agreement, which when signed becomes a binding contract, and may be enforceable by a court. | The collaborative lawyers prepare a Settlement Agreement, which when signed becomes a binding contract, and may be enforceable by a court. | Arbitrator issues a final decision, which generally cannot be appealed. | Judge issues a final decision, which can be appealed. |
Resolve Your Dispute Without a Trial
Alternative Dispute Resolution (“ADR”) refers to 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 as a leading family law attorney in Rockville, MD.
ADR can be used anytime, even after litigation has started. Maryland courts, particularly in Montgomery County, are routinely ordering ADR during the litigation process. Mr. Baum often recommends starting with ADR early in the family law dispute resolution process, saving his clients time, expense, and the conflict of a litigated trial.
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.
Speak with a Family Law Attorney located in Rockville, MD & serving all of Maryland, particularly Montgomery, Frederick, Prince Georges, Howard and Anne Arundel Counties. to arrange for mediation or arbitration from a skilled neutral or for representation.
Call Mr. Baum today to receive counsel on your family law dispute.
See How You Can Avoid Litigation
What are the Advantages Of ADR?
Given the right circumstances, there are numerous benefits attributed to ADR. Choose a family law attorney practicing ADR because...
- 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 a 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.
Reach out to the Law Offices of Robert L. Baum to see if ADR is right for your family law matter.