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Alternative Dispute Resolution |
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Alternative dispute resolution refers to procedures for settling legal disputes by means other than litigation. Mediation or facilitation and arbitration are the most common types of alternative dispute resolution. The parties may utilize a particular alternative dispute resolution procedure by including a mandatory mediation and/or arbitration clause in their contract, or by agreeing to use one of these procedures after a dispute has arisen. Mediation or facilitation is a private, informal dispute resolution process in which a neutral third party, i.e., the mediator, meets with the parties both as a group and on an individual basis. After evaluating the information provided by the parties and based on training and expertise, the mediator makes suggestions to the parties to assist in the resolution of the dispute. While the mediator has no power to impose a decision on the parties, the parties are often able to reach a settlement by using this process. Arbitration is typically conducted by one person or by a three-person panel. The arbitrator or arbitrators are selected either directly by the parties or designated by an arbitration agency, and act as both judge and jury. After conducting a hearing at which all parties have an opportunity to be heard, the arbitrator or arbitrators render a decision referred to as an "award." The award is final and binding upon the parties and enforceable through the courts if necessary. As such, the rights of appeal from an arbitration award are limited. Use of alternative dispute resolution generally results in a more expeditious and less expensive process and is often more satisfactory to the parties than a traditional lawsuit. The parties often have input in selection of the mediator or arbitrator and control over the process including the date, location and related scheduling issues. The Michigan Supreme Court has adopted rules that provide state courts with more authority to send cases to, and encourage the use of, various types of alternative dispute resolution. With former Michigan Circuit Court judge Karl Fink leading the group, our attorneys have experience serving as mediators and arbitrators, as well as representing clients in alternative dispute resolution. This experience enables our firm to participate completely in any alternative dispute resolution procedure that a court may order or encourage. |
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Alternative Dispute Resolution AttorneysKarl FinkFrancyne Stacey Thomas Daniels |
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