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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). In addition to resolution services, Miller|Mediation
also offers the services of Arbitrator:
Key Benefits
 | Cost:
In lieu of lengthy briefs which can be costly due to the amount
of attorney time, the parties can submit to binding or
non-binding arbitration. Arbitration is submitting
evidence, usually on less formal grounds, for a decision on
the merits by the arbitrator. Binding arbitration is typically
found in contractual agreements (such as a construction
contract), and is a commitment that if a problem arises,
the parties agree to arbitrate instead of litigate.
Non-binding arbitration is usually by referral of a judge to
an experienced lawyer (or other professional, depending on
the circumstances), for a decision on the merits, which the
parties may then challenge. The parties themselves can
also elect to utilize binding or non-binding arbitration.
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Control:
Litigation is governed by procedural rules which can be
inflexible, and rigidly enforced by the Courts.
Arbitration provides the parties some control, primarily of the
costs. The procedure of an arbitration is typically guided
by either the rules contained in the California Code of Civil
Procedure, or may be pursuant to other prescribed rules (such as
those provided by the American Arbitration Association, or
perhaps as stated in a Collective Bargaining Agreement). At
the very least, in arbitration, the parties are able to limit the
amount of discovery which is exchanged between them, which can
often be one element of litigation which can get out of control.
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Time:
In deciding how to govern the procedure, the parties have full
control over how much time it will take to resolve their matter.
One goal of arbitration is to resolve the matter on a faster
schedule than litigation. This goal is often met since
many arbitration rules restrict the amount of discovery which
the parties are permitted to demand from each other.
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Pitfalls
| Arbitration
can be as restrictive as litigation. There tends to be
little flexibility in the rules of arbitration, which can
make the process as distasteful to the disputants as if they
had simply proceeded with litigation.
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Binding
arbitrations can yield a poor result if the matter requires a
certain expertise which the arbitrator lacks. Non-binding
arbitrations can simply be a waste of time, since one party or
the other may simply appeal the arbitrator's award, and seek a
trial.
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