Besides being costly and time-consuming, litigation is also stressful.
Trials are an adversarial process where two sides oppose each other and
seek to win a verdict. As courts became increasingly bogged down with
greater caseloads than they could handle, other ways to resolve disputes
emerged. Medication and arbitration are two of the most frequently used
alternatives to litigation. A Maine mediation and arbitration lawyer can
review your legal issue and discuss the possibility of resolving your
matter outside of court.
The legal definition for
alternative dispute resolution (ADR) is any method of resolving disputes other than by litigation. Mediation
takes a more informal approach to dispute resolution than arbitration.
A neutral third party, called a mediator, generally meets with you and
the other party, separately at first to discuss the issues in conflict
and your goals for resolving them. Mediators work to find common ground
and enable parties to reach an agreement. The mediator brings you and
the other party together and facilitates communication, encouraging you
to resolve issues.
By comparison, arbitration is a more formal process similar to courtroom
procedures, though not as formal or lengthy as a trial. During arbitration,
both sides present their case and the arbitrator renders a decision, called
an award. Arbitration can be binding or non-binding, depending on what
parties decide beforehand. When you use ADR, it is reassuring to know
that courts almost never overturn a mediation decision or arbitration
award that results in a valid contract between parties.
Before resorting to trial, it is wise to discuss the prospects of ADR with
a mediation law firm in Maine.
Shaheen & Gordon, P.A. has extensive experience and noteworthy credentials
in alternative dispute resolution.