|
ALTERNATIVE LAW'S ADR Dispute Resolution Systems
are designed to work in conjunction with legal departments and law
firms to settle disputes at any stage of the legal process. We design
multiple options for effective strategic assistance for dispute
resolution, inside or outside of a courtroom.
Remember our company is about satisfaction and results. Results
for you, results for your client and results for your firm.
The other distinguishing characteristic about our firm, which separates
us from the rest, is our satisfaction guarantee. Sometimes trying
a different mediation firm, even a nationwide one like ours, may
present some new challenges. We eliminate all uncertainty for you.
It is our goal to insure that you and your clients will be completely
satisfied with our firm's services. If you are not completely satisfied,
for whatever reason we offer the industry's leading safety net,
a money back guarantee, -plain and simple.
- DIRECT AND INDIRECT NEGOTIATION
- MULTIPLE MEDIATION PROCESSES
- FACILITATIVE MEDIATION
- TRANSFORMATIVE MEDIATION
- EVALUATIVE MEDIATION
- NEUTRAL EVALUATION
- SETTLEMENT CONFERENCE
- MINI-TRIAL
- SUMMARY JURY TRIAL
- NON-BINDING ARBITRATION
- NEUTRAL EXPERT FACT-FINDING
- COURT APPOINTED SPECIAL MASTERS/DISCOVERY MASTERS
- JUDGING PROCESSES
- ARBITRATION
- HIGH LOW ARBITRATION
- FINAL OFFER ARBITRATION
- PRIVATE JUDGING
- MEDIATION-ARBITRATION (MED-ARB)
- LITIGATION
- ALTERNATIVE DISPUTE RESOLUTION SYTEMS DESIGN
At ALTERNATIVE LAW, clients are assisted by expert, professional
neutrals (mediators,arbitrators, professors, and attorneys) who
use a full range of the latest, most advanced and most tested dispute
resolution processes between direct negotiation and litigation to
achieve resolution.
In DIRECT NEGOTIATION the parties collectively
retain complete formal and informal control over the process and
its outcome including:
The ground rules and the agenda
The selection of the neutral
T he place and timing of the negotiation
Use of their own negotiation styles and strategies
When and how they communicate, listen and convey reactions
Whether to obtain outside information, comment,or feedback and if
so,whether to introduce it
T he decision to end the process at any time
The ability to discuss, agree upon issues and solutions that need
not relate directly to the subject matter of the dispute
The acceptance of an outcome mutually agreed upon .
In INDIRECT NEGOTIATION all offers are passed
through to the neutral so that the parties do not have to engage
in meetings or direct contact.
In LITIGATION, the parties have minimal control
over process or outcome:
The court retains ultimate authority, interpreting and applying
the rules of civil litigation and the parties have very limited
The court sets discovery deadlines, conference dates and trial dates
The neutral decision-maker is determined by the court
the rules of trial practice and evidence in the presentation of
the case must be followed
parties are bound to the facts found and decisions made by judge
and jury, subject to limited right of appeal
only narrow forms of remedies are available--an award of money damages
or limited injunctive relief
--------------------------------------------------------------------------------
THE ALTERNATIVE LAW ADR SYSTEMS
MEDIATION PROCESSES
In Mediation Processes, a third party neutral works to facilitate
a negotiated settlement between the parties. The mediator facilitates
the negotiations and evaluates the relative merits of the claims
and defenses. The neutral does not have power to impose a solution
or decision-the parties retain ultimate control over the outcome.
The terms of the agreement are limited only by the interests and
creativity of the parties and the neutral. By agreement and permission
of the parties, the neutral sets the ground rules and may seriously
affect the order of the proceedings, the parties' collective and
individual analyses and the general dynamic of the settlement discussion.
FACILITATIVE MEDIATION
Facilitative Mediation is a process in which outcome control remains
almost entirely in the hands of the parties and counsel. The mediator
restores communication and helps to create options for resolution
by:
Ensuring that all relevant information is exchanged and heard by
the parties or confirms that there is a good reason why it isn't
being exchanged
Providing parties the ability to vent
Coaching negotiators on next moves
Helping parties invent settlement options
transmitting offers and demands
working to overcome potential impasses
EVALUATIVE MEDIATION
Evaluative mediation occurs when the mediator creates more structure
and injects his or her own view or prediction of the trial outcome.
It is often used for more difficult cases, where the gap between
the parties is large, the issues somewhat complex and the stakes
high. The mediator allows the parties to test the reality of their
predicted outcomes by:
Working to thoroughly understand the parties' factual and legal
arguments
Providing feedback on the relative merits of claims and defenses
Offering his or her prediction of the outcome in court
In some circumstances, recommending settlement ranges
NEUTRAL EVALUATION
Neutral evaluation is a non-binding process in which the parties
retain a neutral to provide an evaluation based solely on the merits
of the case. The neutral:
Reviews the factual and legal positions of the parties either through
briefs/ oral arguments
Evaluates what the likely jury outcome might be
Provides his or her view of the likely/fair results
is not retained to facilitate the parties negotiations
SETTLEMENT CONFERENCE
Settlement conference is a simple, evaluative mediation frequently
used in uncomplicated cases, where the parties are often not present
and the neutral is an expert mediator, arbitrator, professor, who:
Reviews the cases with the parties and after a discussion of the
facts and issues, suggests a settlement number or range
MINI-TRIAL
Mini trial is a highly structured, formalized and evaluative mediation
process in which the parties cede a great deal of procedural control
in order to reframe the dispute from the context of litigation to
the context of a business problem. It requires the participation
of non-legal party representatives with settlement authority who
sit as a panel with the neutral. The neutral advisor:
Works closely with the parties before the hearing to facilitate
agreement on procedure and resolve disputes
Oversees the panel of senior business officers
moderates the mini-trial hearing and then provides an evaluation
if necessary
Facilitates settlement between the parties after rendering his or
her evaluation
SUMMARY JURY TRIAL
Summary Jury Trial is also a highly structured, formalized and evaluative
meditation process in which a private "jury pool" is assembled
to hear the case. The neutral advisor:
sets up and presides over the process
Oversees a mediation/negotiation period following the procedure
to get agreement on settlement terms
NON-BINDING ARBITRATION
Non-binding arbitration is a hearing process that looks and feels
like arbitration, but is advisory, not binding. The neutral advisor(s):
Coordinates, sets up and presides over the process
Reviews the factual and legal positions of the parties through briefs
or oral arguments
Evaluates what the likely arbitration outcome might be
NEUTRAL EXPERT FACT-FINDING
Neutral expert fact-finding can be a stand-alone, non-binding process,
or it can be part of a larger non-binding process. It is used to
help resolve a disputed technical issue. The neutral:
Finds facts and provides analysis after hearing presentations by
the parties, and their experts
Acts as a substitute for partisan experts
Can conduct an independent investigation into the technical facts
and issues.
COURT APPOINTED SPECIAL MASTERS/DISCOVERY MASTERS
Court Appointed Special Masters/Discovery Masters are appointed
by sitting judges to assist with disputes that are legally or administratively
complex. Discovery Masters are selected by the parties rather than
appointed. The Special Master or Discovery Master:
Assists in designing case settlement options
May mediate the cases or groups of cases for mass torts
Mediates discovery disputes
Makes rulings on discovery issues that can't be resolved
--------------------------------------------------------------------------------
ADJUDICATIVE PROCESSES
In Adjudicative Processes, a third party neutral is brought in
to hear and consider facts and/or arguments presented by the plaintiff
and defendant, and to render a reasoned binding decision or solution
based upon an agreed upon standard of legality or fairness. The
neutral's role is to issue a solution for the parties, not to help
them reach an agreed-upon solution to their dispute.
ARBITRATION
Arbitration, long used as an alternative to litigation in commercial
disputes and labor disputes, offers less formal procedures, abbreviated
presentations and the undivided attention of the neutral(s). The
arbitrator(s):
Rules on discovery requests and disputes
Determines whether to apply rules of evidence and to what degree
Hears expert witnesses and cross examinations
Reviews briefs, documents and other exhibits
Entertains argument by counsel before rendering a decision
Administers arbitration according to the JAMS Rules and Procedures
for Arbitrations
HIGH LOW ARBITRATION
High-Low arbitration also sometimes known as bracketed arbitration
occurs when the parties structure an agreement to "bracket"
or limit the possible range of outcomes. The parties may agree that
the arbitrator:
Will decide only the issue of liability with predetermined sums
to be paid by the defendant or plaintiff accordingly
Delivers a verdict on liability and damages while agreeing in advance
on minimum and maximum payment sums
Is not told the high low range, in effect creating "blind
high low" arbitration
FINAL OFFER ARBITRATION
Final offer arbitration, used in the sport of "baseball"
occurs when the plaintiff and the defendant each separately submit
a "final offer" to the arbitrator. The arbitrator:
Chooses an appropriate settlement between the offer or the demand
presented based upon the settlement heard.
PRIVATE JUDGING
Private judging a private trial conducted by an expert is most
similar to a conventional trial in that judgment may be appealed
for errors of law, or as against the weight of the evidence. The
neutral:
Is selected by the parties, often because he or she has the necessary
expertise for highly complex or technical issues
Is asked to try the issues in a case and to make findings of law
or fact
enters a decision as a judgment which will become a matter of public
record
offers parties the flexibility to exert some control over the timing
of the resolution of their dispute
MED-ARB
Med-Arb offers parties the ability to participate in a mediation
having agreed in advance that if unable to reach a settlement, the
process will shift to an arbitration. The neutral:
Can serve as both mediator and arbitrator in an "integrated"
process, acting to facilitate negotiations and also making binding
decisions on stalemated issues along the way
in a "separate" process will attempt to achieve a mediated
settlement before changing roles" to decide any unresolved
issues
Acts as either the mediator or the arbitrator but not both in a
Med/Arb- Opt Out
makes a binding settlement decision between the final offer or final
demand given in a Final
OFFER MED/ARB
Occurs when each party makes an offer and the arbitrator decided
which one to take.
|
