Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) are processes that parties use to resolve their dispute, and can also be alternatives to having a court, whether by judge or jury, or other third parties, resolve their dispute. Negotiation and Mediation are appealing alternatives to arbitration and litigation due to their more consensual and less adversarial nature that gives parties more control over their process and/or outcome, their tendency to preserve rather than destroy relationships, their ability to be customized to the parties, and their likelihood of costing parties less time, energy and resources. They are also appealing complements to arbitration and litigation, both for the above reasons and because, during Negotiation or Mediation, parties can gauge whether their dispute resolution process is likely to succeed or whether another process is more viable. Both are decision-making and problem-solving processes that enable parties to communicate efficiently and effectively to better understand themselves, each other, and their respective positions, interests, objectives, alternatives, priorities, risks, and potential consequences. This communication and clarity also better prepare the parties should they later decide to use a different process, and agreeing to participate in Negotiation or Mediation alone can be an empowering step towards a peaceful resolution.
Online Dispute Resolution
Online Dispute Resolution (ODR) utilizes technology to faciliate or perform central functions of dispute resolution processes such as Negotiation and Mediation. Such functions include communication both synchronous and asynchronous, file sharing, decision analytics, negotiation, and document drafting and signing.
Dispute Resolution Analysis
Dispute Resolution Analysis is the application of decision analytics to dispute resolution, and is provided either as a standalone process to facilitate resolving a dispute or making a decision or deal, or as part of the preparation and process of Negotiation or Mediation. Dispute Resolution Analysis is the core process, since sound decision-making skills are the foundation for success in these areas. The analysis is customized to each client and may include respective positions, interests, objectives, alternatives, priorities, risks, and potential consequences.
We can’t solve problems by using the same kind of thinking we used when we created them.
— Albert Einstein
Negotiation
Negotiation is a private and voluntary process in which clients are in control of both the process and the outcome. This is a facilitated process that includes Dispute Resolution Analysis as part of its preparation and process. I have an informal role in facilitating clients in their effort to resolve their dispute or to make a decision or deal.
Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.
― Abraham Lincoln
Mediation
Mediation is a private and voluntary process in which I, as Mediator, am in control of the process and clients are in control of the outcome. This is a facilitated process that also includes Dispute Resolution Analysis as part of its preparation and process. Mediation includes a negotiation as part of its agreement-reaching process. I have a formal role in facilitating clients in their effort to resolve their dispute or to make a decision or deal.
The most intense conflicts, if overcome, leave behind a sense of security and calm that is not easily disturbed.
― Carl Jung
Important Information
My service does not create an attorney-client or professional relationship. During Dispute Resolution Analysis, Negotiation, and/or Mediation, I provide neither legal, financial, therapeutic or other professional advice nor legal analysis with respect to clients’ legal positions or rights. Clients should neither act nor refrain from acting on the basis of the service without seeking the appropriate legal or other professional advice on the particular facts and circumstances of their dispute and from an attorney or other professional licensed in their state or country.