Alternative dispute resolution (“ADR”) prevents costly litigation, keeps the parties’ private and sensitive information from public exposure, and often can preserve important relationships. ADR comes in two basic forms, mediation and arbitration, but can assume many other forms. These processes are used in both international and domestic disputes. Disputes are voluntarily resolved in mediation through a process of negotiation and cooperation between the parties; no outsider imposes a solution. In arbitration one or more arbitrators gather information from the parties, their arbitration advocates and witnesses, and make a binding decision on the parties.
Arbitration and mediation are alternatives to litigation, but parties need experienced, skilled advocates to represent and guide them through the process. While ADR is private and typically less formal than litigation, the skill, and the persuasiveness of the clients’ advocates, as well as the law, impact the outcome. The ADR advocate teams at Whitaker Chalk are lawyers with ADR skills and experience as advocates, arbitrators, and mediators, to deliver the best possible results in each ADR environment.