ADR Services - Facilitating Negotiation to Avoid Litigation
"lets sit down...we don't need to split the difference
when we may both be able to get what we want...."
Jane and Joey were fighting over an apple -- they each felt they were entitled to the apple, and each could argue with equal force as to their rights of ownership.
If they went to court and sued for the apple they would have an opportunity to present their cases to a judge and jury and there would be a determination as to who had the better claim, on the balance of probabilites. By the time the trial took place the apple would be rotten. In this case, the subject matter was perishable and time was of the essence. If a trial took place, the damage to Jane and Joey's relationship would likely be irreparable, there would be significant legal costs, and investment of time by the parties. If the case was appealed, the monetary investment and expenditure of time would be extended. In addition, the remedies available would be limited to monetary compensation, therefore, if the apple in question had value to the parties that could not be compensated or measured by money, then the relief would be inadequate. A judge, chosen by the civil courts, and not agreed to by the parties, would govern the process, and the matter would be administered according to the rules of court.
If the parties chose arbitration, they could choose their own arbitrator. Usually this can be accomplished fairly quickly. The parties can have as much control over the process as they desire. They can agree on the scope of the issue (in other words the question to be decided "who gets the apple", not how much either party gets in damages), and they would have control over the rules that would be applied in the arbitration. They could each present their side of the story, their legal positions and evidence. The arbitrator would then make a decision. The winner would be happy and the losing party would be unhappy. The relationship could be irreparably damaged. But the process would be private, expedient and much more difficult to appeal than a court judgment. It is also possible that maybe the relationship would not be irreparably damaged, and depending on how the parties interacted with one another during the course of the arbitration maybe they could continue the relationship after the arbitration award was made.
Although there are a vast number of other options available, in this case the parties chose mediation. The mediator assisted the parties in resolving their dispute by clarifying their individual interests, needs, and goals. Working with the mediator Jane and Joey developed a workable solution to their problems. The act of working together helped to repair some of the damage that was done to their relationship.The fact that Jane and Joey developed the means of settling the dispute between themselves meant that they were more satisfied with the outcome because they had control over the process.
Beverly Hills Location:
433 N. Camden Dr., Ste 400, Beverly Hills, CA 90210
5023 N. Parkway Calabasas, Calabasas, CA 91302
"Alternative Dispute Resolution", also known as "Appropriate Dispute Resolution" usually refers to methods of resolving conflict outside of the court system. It is a method that the parties choose to resolve their dispute.
The benefits of ADR include:
1) The ability of the parties to choose the person and method they wish to use to resolve the conflict between them;
2) Reduction in legal and other costs;
3) Preservation of relationships; and
4) Expedient resolution.
is a Certified Mediator and Arbitrator, and a Certified International Intellectual Property Law Specialist.
In addition to ADR training in the US, in Canada, and in Switzerland, Ms. Mills has completed international specialized legal education in the UK, and in various capacities, has over 20 years of legal industry experience.
She brings to her ADR practice a balanced and open-minded understanding of: cultural diversity, including national diversity; multiplicity of business practices; and an understanding of the broad range of value differences that can influence participants engaged in conflict. Ms. Mills has extensive ADR experience as an arbitrator and mediator, and has negotiated thousands of business deals and mediated settlements.
Copyright 2005 -
Katherine Neff Mills, PLC All rights reserved.