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Effective Alternative Dispute Resolution Methods

Learn about various ADR processes, advantages, principles, and trends. Understand when ADR is appropriate, focusing on mediation and its benefits in resolving disputes amicably and efficiently.

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Effective Alternative Dispute Resolution Methods

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  1. Alternative Dispute ResolutionEffective Solutions for Disputes Norma C. Izzo Jennings, Strouss & Salmon, PLC One E. Washington Street, Suite 1900 Phoenix, Arizona 85004-2554 (480) 495-2748 norma@jsslaw.com

  2. “I was never ruined but twice: once when I lost a lawsuit, and once when I won.”Voltaire

  3. The Senate Table A short exercise

  4. Different Methods of Solving the Problem • Third Party Decider – Limited Options • Alex or Morgan • Party Directed Process – Infinite Options • Common conference room with shared table • Physically move the table from office to office • Donate the table to Historical Society • Burn the table

  5. Types of ADR Processes • Negotiation • Collaborative Law • Cooperative Law • Mediation • Arbitration • Court-connected • Contractual

  6. ADR Techniques Adversarial Party Control

  7. Advantages of ADR • Preserves relationships • Provides durable resolution of disputes • Preserves confidentiality • Avoids establishing legal precedents • Interested parties have more control over the process • Parties • Attorneys • Management

  8. Principles Underlying ADR • Prevention is the first goal • Speedy, direct resolution • Conflicts should be dealt with at the most informal level of dispute resolution possible • Interest based • Right based • Power based

  9. Trends • Costs of litigation are increasing • Legal expertise is in demand, expensive and access is limited • Most states across the US have instituted Ethical Guidelines for Mediators and State ADR Acts • Judges are referring cases to mediation • 10% or less of lawsuits filed are actually resolved by a judge or jury verdict • Even when “you know you’re RIGHT,” ADR still proves beneficial • Beneficial for value-based relationships • High level of receptivity due to time and cost savings

  10. When is ADR Appropriate?

  11. Mediation “Mediation is a decision-making process in which the parties are assisted by a third party, the mediator, who attempts to improve the process and assist the parties in reaching an outcome to which all can assent.” Laurence Boulle, Mediation: Principles, Process, Practice (1996)

  12. Process • Expands conversation • Focuses on interests • Identifies common interests • Results in mutually satisfactory solutions • Maintains control of outcomes • Documents results in writing; signed by parties involved

  13. Value/Benefits • No perfect contracts • Defines and facilitates mutual agreement for dispute resolution process • Saves time and anguish • Enables parties to maintain control of outcomes • Maintains/Improves relationships • Results are in writing and requires agreement by parties involved • Reduces court cases and related costs

  14. Process Used • Negotiation protocols • Explore respective interests • Generate options for mutual gain • Identify appropriate standards • Discuss risks associated with alternatives to agreement • Decision makers & their attorneys meet to reach agreement • Document agreement Hepworth, Joseph M., Joint Self Mediation, Arizona ADR Forum Winter 2004 Issue, January 2004

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