ALTERNATIVE DISPUTE RESOLUTION

ADR

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Alternative Dispute Resolution, known also as ADR, is the use of an alternative proceedings to litigation for the resolution of disputes. ADR includes arbitration, mediation, and settlement negotiations. Private Corporate Counsel represents clients in arbitrations, mediations, and in settlement negotiations. 

Arbitration

Arbitration is required when parties have contractually agreed that their dispute will be resolved by arbitration, rather than by a court. There are various arbitration organizations (such as the American Arbitration Association (“AAA”), the United Nations Commission on International Trade Law (“UNCITRAL”), and the International Chamber of Commerce (“ICC”)) each with  its own set of rules and procedures for the appointment of arbitrators, the conduct of the arbitration proceedings, and the entry of an arbitration award. Arbitration usually allows some degree of discovery but it is generally narrower than is allowed in court. At the final hearing, arbitrators have broad discretion. The rules of evidence enforced by courts may be strictly adhered to in arbitration. An arbitration award is often final and may be essentially unappealable. Private Corporate Counsel’s business lawyers are experienced in representing parties in arbitration of a wide variety of consumer and Commercial disputes.

Arbitrator
Mediation

Mediation

Mediation is presided over by a trained mediator who does not decide the merits of the case or render a decision binding on the parties. Instead, the mediator’s role is to assist the parties in understanding their  dispute through accommodation and compromise. If an agreement is reached during mediation, the terms will be memorialized in a written contract signed by the parties. Agreements reached during mediation are broadly enforced by the courts. Private Corporate Counsel’s business mediation help parties prepare prepare for mediation along with our business lawyers represents parties in mediation. The combined efforts of Private Corporate Counsels business mediation and business lawyers help businesses maximize their opportunities to succeed during the mediation.

Settlement Negotiations

Mediation is presided over by a trained mediator who does not decide the merits of the case or render a decision binding on the parties. Instead, the mediator’s role is to assist the parties in understanding their  dispute through accommodation and compromise. If an agreement is reached during mediation, the terms will be memorialized in a written contract signed by the parties. Agreements reached during mediation are broadly enforced by the courts. Private Corporate Counsel’s business mediation help parties prepare prepare for mediation along with our business lawyers represents parties in mediation. The combined efforts of Private Corporate Counsels business mediation and business lawyers help businesses maximize their opportunities to succeed during the mediation.

Arbitration

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