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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 Discovery Referee:
Key Benefits
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Cost:
In lieu of lengthy briefs which can be costly due to the amount of
attorney time, the parties can agree to submit limited issues to the
Discovery Referee for resolution. Alternatively, they can
submit more lengthy issues to the Discovery Referee who can spend
more time than a Judge in evaluating the issues surrounding the
sharing of necessary information, and deciding how to resolve them.
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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.
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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.
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.
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Pitfalls
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the parties do not wish to control their discovery procedures, there
are no pitfalls to retaining a Discovery Referee, if the discovery
needs of the case require it. A
Discovery Referee is most effective in complex, multi-party cases,
or in highly contested matters involving sensitive information.
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If
the parties cannot control the exchange of information, then a
Discovery Referee may become necessary; the expense of the Discovery
Referee may be yet another source of acrimony in the dispute itself. |
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