Common Alternative Dispute Resolution Techniques Part 2 continues to provide ADR methods to use as opposed to litigation. As your Lakeland construction attorneys, we know how effective these alternatives can be, and encourage you to seek assistance when deciding which method works best for your case. To view the first half of this article, please visit Part 1.
With the arbitration process, the dispute is handed over to an impartial arbitrator who uses their experience and knowledge to decide on the outcome. An arbitrator’s decision is both private and binding, unless both parties have mutually agreed to an advisory opinion. A binding decision can rarely be overturned, but appeals have been known to happen when bias or fraud by the arbitrator has been found. Arbitration is more structured than mediation or negotiation but it is still more flexible and less expensive than litigation. The parties have the ability to decide how formal the procedure will be, and what rules will be followed about discovery and evidence.
During private judging, a retired judge is brought on to oversee the dispute. Private judging must be mutually agreed upon, and in most cases the parties agree that the private judge’s decision is final or binding. Private judges typically receive most of the same power as a court hearing, and the proceeding itself resembles a trial. One of the main benefits private judging has over litigation is that the process is shorter and more efficient.
Summary Jury Trial
A summary jury trial is beneficial if parties disagree on how they believe a jury will respond to their case. The trial proceedings of a summary jury is composed of abbreviated discovery and a summary presentation. The case is listened to by a real jury, takes place in a courtroom, and is supervised by a judge. The jury will decide on a non-binding verdict, which is then used by the parties and the judge to attempt to settle the case.
Litigation is sometimes needed in cases, but if the opportunity arises to resolve a dispute through one of these alternative dispute resolution methods, it can save both parties time and money, as well as give them more control over the outcome, and assist with restoring or preserving a business relationship.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.