Miller|Mediation
provides several ADR services. ADR stands for Alternate
Dispute Resolution. Alternate to what? Litigation, or
any other combative-based method of resolution (primarily litigation
and/or trial). Consider Mediation:
Key Benefits
Cost:
Mediation can be anything the parties would like it to be
and therefore is the most cost effective alternative to
litigation, or any other drawn out form of resolution.
The parties can decide the procedures which they will follow
in order to prepare themselves to resolve their matter.
Often, the mere ability to agree on how to resolve a dispute
is the first step toward forging a substantive agreement.
Control:
Litigation is governed by procedural rules which can be
inflexible, and rigidly enforced by the Courts. But
since the parties can decide the procedural elements
involved in settling their dispute, as well as what agreeing
on the substantive resolution, they control the amount of
time and energy which will govern the process and the end
result.
Time:
In deciding how to govern the procedure, the parties have
full control over how much time it will take to resolve
their matter. And this does not have to mean a faster
resolution. While disputants generally seek a faster
resolution than, say, the Courts might provide, some matters
actually require more time than the Courts want to allow,
which creates great tension for the disputants. One
example is a case where a house was constructed on a hill,
and was suffering damage as a result of land movement.
While all of the parties and their consultants agreed they
needed more time, the Court required resolution of the case
in less time. Subsequently, the parties' need for
investigation and analysis was limited by inflexibly short
time restrictions imposed by the Court.
Pitfalls
Unless
the parties do not wish to control their future, there are
no pitfalls to mediation! Best case scenario:
the disputants resolve their matter in less time at lower
cost than litigation, or other forms of ADR.
If
the parties agree that they cannot resolve their matter at
the start of the process, mediation is not a worthwhile
alternative to other forms of ADR, or litigation.
