Mediation is a form of Alternative Dispute Resolution or ADR. Another name for mediation lawyers is a Mediator. ADR means settling a dispute outside of a courtroom. ADR can involve arbitration, mediation, or other forms of conflict resolution– and it can be voluntary or compulsory. Most ADR practitioners have significant prior litigation experience or expertise in a particular field of law. Moreover, consult Houston mediation lawyers regarding mediation questions.
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ADR involves various strategies for resolving legal disputes without going to court. The high cost of litigation is making traditional lawsuits unrealistic for many people. Also, civil courts face backlogged systems, resulting in delays of a year or more for private parties to have their cases heard by a jury. New types of proceedings have been developed in response, and they are proving beneficial, saving time and money for everyone involved. These include arbitration and mediation. Furthermore, they contain ADR designed for specific cases and subject matters.
Arbitration is much like a trial, in that the parties can call witnesses and present evidence. Furthermore, they can argue the validity of their case to a neutral decision maker. Civil litigants whose claims do not exceed a specific dollar amount may be ordered to attend arbitration by the court. Also, to keep the court’s file clear for more substantial lawsuits. Local court rules may also allow litigants to elect for their case to be sent to arbitration regardless of the dollar amount at stake. In doing so, the parties can agree that the results of the arbitration will be binding or non-binding. In non-binding arbitration, the loser can afterward request a new trial in the civil court.
The court will appoint well-established Mediation Lawyers in the local area to perform the duties of an arbitrator. This person will act as a judge at the arbitration hearing, listening to the evidence and rendering a decision. Parties may be given some amount of say in the arbitrator selection process. At a minimum, they will be allowed to strike potential arbitrators with whom they have had prior dealings.
Once a case is sent to arbitration, a conference will be held either by telephone or in person at the arbitrator’s office. Much like a pre-trial conference in civil court, this is the opportunity for the parties to give the arbitrator an overview of what the case is about, and to discuss any evidentiary issues in advance of the arbitration hearing. On the day of the hearing, the parties will meet in a conference room at the arbitrator’s office or in an empty room at the courthouse. Each side will present its case over the course of several hours. Afterward, the arbitrator can render a decision immediately, or take the matter under advisement and issue a written decision in the following weeks.
Mediation does not involve a hearing, and there is no decision-making official present. The responsibility of a mediator is to help both sides reach a voluntary settlement of the case. For litigants and Houston Mediation Lawyers, who have unrealistic expectations regarding the outcome of the case, mediation may help avoid litigation
Usually, mediation begins with everyone meeting in the same room, and each party giving a short presentation to the mediator. The purpose of the exhibition is to provide a summary of the facts and rely upon the mediator to communicate effectively. The sides are placed in separate rooms. The mediator goes back and forth between the two sides. Furthermore, the mediator can communicate the parties’ settlement offers and responses. Individuals can share information with the mediator in confidence, and the mediator will give the parties his or her thoughts about the case.
Divorce cases have the potential to turn into bitterly contested ordeals. Houston Mediation Lawyers still represent both spouses. Parties can discuss and reach agreement on issues such as property division, alimony, and child custody and visitation.
ADR can also take the form of an evaluation and mediation-type proceeding overseen by a legal professional with specialized training in the subject of the dispute. For example, parties in a construction defect lawsuit may agree to present their evidence to a neutral individual who is both an attorney and an architect. This person will know more about proper construction techniques than a judge or jury and may be able to help the parties solve their differences at a far lower cost than traditional litigation.
ADR can reduce litigation time. Moreover, regardless of the type of ADR proceeding you are trying to pick from, you need to protect your interests. Also, contact us for referra
ls to Houston Mediation Lawyers. They can educate you more about the benefits of resolving your case out of the courtroom.
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