Alternative Dispute Resolution

Litigation can be confusing, especially if you have never been involved in a lawsuit. If you have questions about the litigation process, contact an experienced trial lawyer.

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Litigation can be costly. A courtroom trial may be time-consuming and contentious. However, when negotiations fail, you need to know that you have options for aggressively protecting your rights and interests.

That is where we come in at John Peter Lee, Ltd., in Las Vegas, Nevada. Our attorneys seek the best resolution to your case. Sometimes, negotiations will be sufficient to resolve your legal issue. Other times, a lack of cooperation from the opposing side may mean that well-prepared and determined civil litigation is necessary in order to find a real solution. Contact us for a free consultation.

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You may not want to take the time to go to court, but it may be your only option to resolve a legal dispute. Arbitration is only as effective as the other side's willingness to be reasonable and fair. Litigation may be necessary to show the opposing party that we are serious about resolving your dispute. The team at John Peter Lee, Ltd., in Las Vegas can help you weigh your options and decide which course is best for you.

Our experienced trial lawyers do not shy away from the courtroom. Our reputation for aggressive litigation is well known by our peers in the legal community. They know that if negotiations fail, we will be immediately prepared to take your case into the courtroom. Contact the Las Vegas offices of John Peter Lee, Ltd., for a free consultation.

Alternative dispute resolution (ADR) is a term that refers to settling legal disputes without going to trial. There are a number of different forms of alternative dispute resolution including arbitration (binding and non-binding), mediation, summary jury trials, mini trials and moderated settlement conferences. Generally, it is thought that ADR is less expensive and less time consuming than traditional litigation. Many states have voluntary, and some have mandatory, ADR programs in place. If you would like to learn more about alternative dispute resolution, contact a litigation attorney at John Peter Lee, Ltd. in Las Vegas, Nevada who can answer your questions and help you decide if ADR is a good option for you.

Types of ADR

In arbitration, the parties submit their dispute to a neutral third party arbitrator (or a panel of arbitrators) who decides the case. Arbitration can be binding, in which the arbitrator has the power to render a decision that can be enforced by judicial means, or non-binding, in which the arbitrator renders an advisory finding that the parties can accept or reject.

Mediation is a common form of ADR in which the parties seek the help of a neutral third-party mediator to resolve their case through negotiation. Unlike arbitration, mediation is not adjudicatory and the parties have the power to decide how and if they will come to a resolution. The mediator does not issue a decision; he or she helps the parties reach an agreement by clarifying their positions and goals and encouraging them to work together.

In a summary jury trial, the parties present their cases to a mock jury. The jury's findings are not binding; they just give the parties a preview of how things might work out in a real trial. Parties can agree to participate in summary jury trials, or sometimes, the court may order participation.

A mini trial is similar to non-binding arbitration or a summary jury trial, but in a mini trial, the attorneys present a summary of their cases to the parties' decision makers instead of a neutral third party. The decision makers then negotiate a settlement, generally without their attorneys present. Mini-trials are most effective in commercial disputes in which the parties are businesses that have relatively equal power.

A moderated settlement conference, also known as an early neutral evaluation, is similar to arbitration, but there is more interaction between the parties, attorneys and panelists. The panelists are typically attorneys who hear a shortened presentation of the case from each party and then issue a non-binding decision on liability and/or damages. The idea is that the decision, while not binding on the parties, will help them negotiate more constructively.

Advantages and Disadvantages

Alternative dispute resolution has a number of benefits, including:

Shorter and more efficient that typical litigation and trial
Less expensive than trial
Parties can retain control of the outcome and come up with solutions that work for them
Confidentiality agreements may protect sensitive information, whereas many court documents are public records

ADR does have some disadvantages as well, including:

If a resolution is not reached and the parties proceed to trial, there may be unnecessary delay and expense
Parties may use ADR as a "free" discovery tool to obtain information about the opposing party's trial strategies
No legal precedent will be created
Some parties prefer to have a jury resolve their disputes
If the parties have a difficult relationship, face-to-face negotiations may make things worse

There are a number of different factors that a party should consider when deciding whether to use alternative dispute resolution. The attorney and client should consider the client's goals and interests. If the client wants a quick resolution to the case, ADR may be a good option. The subject matter of the case may also be a determinative factor in deciding whether and what type of ADR to use. A lawyer at John Peter Lee, Ltd. in Las Vegas, Nevada who has experience in litigation and ADR can evaluate your situation and explain the options available to you.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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