Many legal disputes can be resolved by using methods other than traditional court proceedings. These methods are often informal and less expensive. The disputing parties tend to have more control over the outcome allowing for faster resolution. PMC Legal, PC, provides non-biased third party facilitation of ADR forums:
- Mediation – Individuals trained in negotiations bring opposing parties together and attempt to work out a settlement or agreement that both parties accept or reject.
- Arbitration – A simplified version of a trial involving limited discovery and simplified rules of evidence. The arbitration is headed and decided by an arbitrator or arbitral panel. To comprise a panel, each side selects one arbitrator, and then agrees on the third arbitrator, or the two arbitrators elect the third arbitrator.
- Med-Arb – This forum format is a combination of mediation and arbitration that aims to resolve the dispute via arbitration when the dispute between the parties cannot be resolved via mediation. This method is applied to disputes requiring rapid resolution where significant discovery is available or has been produced.
- Mini Trial – A mechanism for the parties to test their case and shed light on settlement discussions. In a mini-trial, each party’s attorney presents an abridged version of the case. The information is presented to a panel of representatives chosen by both parties. The panel representatives actually decide a mini-trial outcome. Unlike the other ADR mechanisms, a mini-trial is unique in that it often occurs after commencement of formal litigation, but may be conducted prior to formal litigation.
- Summary Jury Trial – The parties test their case in a mock trial with a neutral jury that produces a verdict. It is similar to a mini-trial but is ordered by the court rather than being stipulated by the parties. After hearing the verdict, the court usually requires parties to attempt settling their case before litigating in court.
- Early Neutral Evaluation (ENE) – Early Neutral Evaluation is a method which is mostly used in the beginning of the dispute. In ENE, the concerned parties provide information to an experienced and objective third party who then renders a decision regarding the procedure necessary for resolution of the dispute.
- Conciliation – Conciliation is a form of ADR in which an objective third party provides different solution offers which will take form according to the circumstances of the dispute and aims to provide the parties to reach an agreement as per one of these offers after negotiations and deliberations. In conciliation, the resolution of the dispute by the parties themselves is the essential point. In opposition to the mediation method, conciliation is based on right and rightfulness and the history of the dispute is taken into consideration. At the same time, conciliation method is less flexible than mediation method and is mostly based on provisions of law.
- Fact Finding Method – A research method that aims to determine and clarify the dispute. Even if the dispute cannot be resolved with this method, it has its own complementary role for the other alternative dispute resolution methods such as arbitration, mediation, etc. When the parties have an uncompromising attitude, the fact-finder becomes a part of the dispute and prepares a comprehensive report indicating negative prospects of the dispute for the parties. In this method, generally, as fact-finder, an attorney, experienced in the legal field the dispute is related to is appointed.