Alternative Dispute Resolution (ADR)
Alternative dispute resolution is a term that applies to settlement processes other than trial. Often parties to a lawsuit or claim are unable to simply settle their differences via direct negotiations. In such cases it may become necessary to use a neutral third-party to help the parties narrow their disagreements, whether it is on issues of liability, money damages, case value, or to obtain a more objective assessment of their case from someone who is not emotionally involved in the outcome. Examples of ADR include mediation, judicial settlement conferences, and arbitration.
I have extensive experience in all of these forms of ADR. I have also served for many years as an arbitrator in the tri-county area on matters involving personal injury, business disputes, real estate, and contracts. I understand the dynamics, procedures, and how best to utilize these forms of dispute resolution tailored to your individual case.
What Is Mediation?
Mediation is a cost-effective and private form of dispute resolution. It is a voluntary process by which the parties decide the terms of their agreement. The mediator facilitates the negotiation but does not impose an outcome on the parties. A mediator is often a former judge or attorney that helps the parties reach a resolution and settlement if negotiations are not successful. A key factor in the outcome is choosing an experienced mediator who is credible and persuasive with all sides in a dispute. Because I have handled thousands of cases in my career, I have developed excellent working relationships with mediators whom I trust and believe will assist my clients in realistically assessing the value of their case.
Approximately 85% of all cases settle during mediation or shortly thereafter. A settlement saves the parties money, additional court cost, time, stress and the uncertainty of litigation. Clients are often able to maintain more control over their settlement outcomes using this method of dispute resolution than either arbitration or trial.
I have achieved excellent results using mediation. I have obtained six-figure personal injury settlements for clients in wrongful death, negligence, and injury claims using mediation. Let me put my experience to work for you.
What Is Arbitration?
Arbitration is similar to but less than formal than a full jury trial. Arbitration is a process where each side presents their case, witnesses, and evidence to a neutral individual arbitrator (and in some cases a panel of three arbitrators) who will hear the case and render an impartial decision on the case. Arbitration may be either “binding” (meaning there is usually no right of appeal and concludes the case) or “non-binding” (meaning either side has the right to appeal if they are unhappy with the outcome of the arbitration award).
All cases filed in Oregon circuit court involving dollar amounts less than $50,000.00 are subject to what is called “mandatory court-ordered arbitration” pursuant to rules and procedures found under ORS Chapter 36. I have personally handled hundreds of arbitration hearings throughout my career. My experience guides you through each step of the legal process with aggressive, ethical representation.