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The most common alternative dispute resolution ("ADR") processes used are mediation and arbitration.
Mediation is typically more of an informal process in which a neutral third party (referred to as a “mediator”) attempts to assist or help the parties involved in the dispute reach an agreement. Unlike an arbitrator, a mediator has no power to render a binding decision on the dispute. Parties may voluntarily decide to mediate while a claim is being litigated in an attempt to settle the claim outside of court.
Arbitration is a form of ADR in which a neutral third party (referred to as an “arbitrator”) renders a decision on the issues in dispute after providing all of the parties involved an opportunity to be heard at a hearing. The arbitrator’s decision will be binding on the parties. While this can be a voluntary process, in most cases arbitration is required by an agreement between the parties. Arbitration is intended to avoid the extensive costs and delay associated with our established civil court systems.
Arbitrations are governed by different rules and procedures than other civil lawsuits. Thus, it is important to hire a lawyer who has experience with the specific rules governing your arbitration.
Does your case require arbitration? Do you think your case may benefit from mediation or some other form of ADR? Daniels, Hines, Kalkhoff, Cook & Swanson P.L.C. has attorneys experienced with a variety of ADR processes. Call us at (319) 260-4471 or contact us online to schedule an appointment. You can also submit an Initial Consultation Form, which allows our attorneys to assist you more efficiently.
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