
Alternative Dispute Resolution, or “ADR,” refers to different ways people can resolve a dispute without going to trial. The most common ADR processes are mediation and arbitration. Woodruff & Fortner’s attorneys frequently represent clients in various ADR forums. In addition to representing our own clients, we are available to serve as the “neutral,” mediating or arbitrating issues for people who choose to represent themselves or are represented by other lawyers.
Alternative Dispute Resolution refers to different methods of resolving disputes or conflicts outside of traditional litigation. It offers parties involved in a dispute an alternative to a formal court trial and is generally considered to be faster, less expensive, and more flexible than going to court.
ADR processes are often chosen for their ability to preserve relationships between parties, and provide more control over the outcome. ADR methods can also be tailored to fit the specific needs and circumstances of the parties involved. ADR is widely used in family law, business disputes, and civil matters.
The Supreme Court of North Carolina has mandated mediated settlement in nearly all non-criminal cases, including asset division in family law cases, as well as contract and other business disputes. If you are involved in civil litigation in North Carolina, you will almost certainly be ordered to participate in a mediated settlement conference.
In mediation, the parties agree to work with one person, called the “mediator,” to help them reach a mutually agreeable resolution to their dispute. A mediator does not decide the case, but works with the parties to help them identify points of compromise so they can resolve the dispute themselves.
Anything discussed in mediation remains confidential and will not be disclosed to other parties or used in court. This commitment to confidentiality is fundamental to the mediation process and allows the parties to freely explore potential resolutions without fear that information disclosed in the negotiation process will be disclosed to other parties or used against them if the mediation is not successful.
An arbitration is more similar to a trial than mediation, as the arbitrators hear arguments, review evidence from each side, and then decide the outcome. However, an arbitration is less formal than a trial and the rules of evidence are relaxed.
Arbitration can be binding, in which case the parties agree to accept the arbitrator’s decision as final, or non-binding, where the parties can request a trial if they do not agree with the arbitrator’s decision.
Like mediation, information revealed in arbitration generally remains confidential and cannot be used at trial. The parties and arbitrators are obligated to uphold the confidentiality of the process, any documents generated in the arbitration process, and any arbitration award.
Woodruff & Fortner is committed to helping people resolve disputes. Sometimes, the only way to resolve a dispute is through trial. But in many situations, Alternative Dispute Resolution offers a more efficient, cost-effective method that allows each party to maintain control over the outcome of their case while saving time and money.
Our attorneys are all DRC Certified Mediators and are committed to helping people achieve cost-effective resolutions to their disputes, which have a higher likelihood of being fulfilled and upheld because both parties contributed and agreed to the settlement. We are also available to serve as arbitrators, hearing issues and rendering decisions in a private setting to resolve legal disputes. As mediators or arbitrators, our attorneys and their teams provide professional, efficient, trustworthy service, with a transparent system that eases fears and distrust. Our goal is to make your mediation or arbitration day one with reduced frustration and stress.
Whether you need Woodruff & Fortner to represent you in a mediation or arbitration or want one of our attorneys to serve as the “neutral” in your dispute, you will benefit from working with our team of skilled and experienced professionals who offer personalized attention, a thorough knowledge of the law, and years of experience helping people resolve disputes.
To learn more about our ADR services and how we can help, contact our law office today to schedule a consultation with one of our lawyers.