WAW recognizes that a lawsuit may not be the most efficient or ideal method for resolving a dispute. Alternative Dispute Resolution (ADR) methods are generally faster, less formal, less expensive and often less adversarial than a court trial and give greater control of the outcome to the parties. When the best approach for all parties concerned is not in a lawsuit, we recommend that our clients pursue various means of ADR. ADR methods including negotiation, collaboration, mediation and the many types of arbitration. WAW will work with you to determine if your dispute is appropriate for ADR, and which ADR mechanism is the best choice for you. Our attorneys have extensive experience in ADR techniques and have successfully resolved potential lawsuits quickly and economically.

Additional Information

• Collaborative Law
  
  Collaborative Law is a fast-growing practice area used primarily with couples who have decided to divorce but who wish to avoid the harm that litigation can cause to their children and families. Collaboration offers clients the opportunity to focus on what is important to the couple, the family and their future, without the pressure of court-imposed deadlines and procedures which often ignore the realties of life after separation and divorce. A collaborative process is extremely flexible and may include professionals other than attorneys as needed to ensure the well-being of the children, the family or the family’s financial future. The goal is a resolution reached in a respectful manner that benefits everyone.
  
  If collaboration fails, attorneys for each party are disqualified from representing them in any court proceedings.
  
  
• Mediation
  
  Mediation allows the parties to meet with a mutually selected impartial and neutral person (the mediator) who helps them negotiate their differences. Like collaboration, mediation leaves the decision power totally and strictly with the parties. The mediator does not decide what is "fair" or "right," does not assess blame, and does not render an opinion on the merits or chances of success if the case were litigated. Rather, the mediator acts as a catalyst between opposing interests and attempts to bring the parties together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will. As part of the mediation process, the mediator will seek concessions from each side.
  
  The mediator may seek an agreement from the parties to refrain from litigation during the mediation process. Generally, everything that is said during mediation sessions is confidential and not considered an admission that can be used against any party in any other proceeding if mediation fails.
  
  Mediation typically begins with a joint session to set an agenda, define the issues and ascertain the position and/or concerns of the parties. This allows the parties to begin to work out their problem either on an issue-by-issue or group-by-group basis. The joint session may be followed by a separate caucus between the mediator and each individual party or their counsel. This allows each side to explain and enlarge upon their position and mediation goals in confidence. It also gives the mediator an opportunity to ask questions which may well point out weaknesses and potential pitfalls in the parties’ positions.
  
  Mediators may not provide legal advice and cannot act as an advocate for either party, as is the case in collaborative law. Unlike collaborative law, however, an attorney representing a client in mediation may also represent that client in litigation over the same issue.
  
  
• Arbitration
  
  Arbitration is the most traditional form of private dispute resolution. Arbitration is a binding procedure and is often administered by a private organization or individual. Arbitrators may be selected on the basis of expertise in the area of dispute. The decision of the arbitrator is final and binding, subject only to a very limited court review. Arbitration is sometimes referred to as "non-binding" if the parties agree to make it so.
  
  The arbitration process begins with a pre-dispute contract clause entered into by the parties, through which they agree that their dispute will never get into the court system. By agreeing to arbitration, the parties waive their right to trial by jury. With few exceptions, there may be no second trial following arbitration.
  
  Arbitration is almost always the most expensive form of ADR since it usually requires that the parties present their case much as they would to a jury. The primary benefit of arbitration is having an issue heard by an impartial third party who may be an expert in the field