When a dispute occurs between two parties in Los Angeles, they have the option of going to court and putting the responsibility of resolving the case in the hands of a judge. However, more often than not, it is much easier to rely on Alternative Dispute Resolution. This is where ADR attorneys enter the picture.
What is ADR?
Alternative Dispute Resolution is a process in which a mediator tries to resolve the conflict between two parties. The mediator will meet the aggrieved parties separately and jointly in an attempt to reach an agreement that will prevent the situation from evolving into a court case.
The objective of ADR in California is to avoid a legal battle in court. The mediator is a third party with an objective attitude that can bridge the aggrieved parties, encouraging them to resolve their problems outside the courtroom and providing solutions where possible.
In some cases, people choose to settle their disputes using Los Angeles ADR. In other situations, judges will demand the use of ADR before a case is allowed to transition to the courtroom, particularly in cases that involve divorce, personal injury, and child support, to mention but a few.
Why use ADR?
Some people do not understand the purpose of hiring an attorney and experimenting with ADR when they can just proceed to court. Even though Los Angeles, California ADR sounds like a waste of time to some people, it offers a number of benefits, including:
1). Money
ADR in Los Angeles, California is far cheaper than a courtroom battle. Lawsuits are expensive. Lawyers are paid by the hour, and if you lose, you could suffer a far more crippling financial loss. An Advanced dispute resolution attorney is a more cost-effective option because they can reach a settlement with the opposing party whose financial consequences are not as devastating.
2). Peace of Mind
California Courtroom battles are not just expensive, they are stressful. They also consume a lot of time. ADR sessions are less stressful despite being more effective at solving disputes. They do not occupy as much of your time.
3). Perception
The problem with bringing your case before a California judge is that your opponent’s lawyers have numerous opportunities to misrepresent your character and your side of the story. You don’t have as much freedom to explain yourself. The same cannot be said for ADR in Los Angeles, CA. It allows you to explain yourself in vivid detail. It does not leave any room for misinterpretation.
4). Flexibility
California Courtroom sessions are rigid. They are designed to favor one party whilst also punishing the other. ADR is more appealing because it endeavors to reach a conclusion that will satisfy both parties. It is concerned with being fair rather than simply declaring a winner.
5). Privacy
ADR in Los Angeles, CA allows you to maintain your privacy. Most courtroom sessions have audiences. There are plenty of opportunities for your private matters to become public knowledge. But ADR sessions happen being closed doors between the only two parties that are involved in the dispute. You don’t have to worry about other people learning your business.
Why You Need an ADR Attorney?
This is the question that a lot of people ask. Because Los Angeles, CA ADR processes are designed to help the aggrieved parties reach a peaceful understanding, people don’t understand why an ADR attorney is required in the first place.
In truth, a lawyer is not a pre-requisite where ADR processes are concerned. Whether or not you invite your attorney will depend on the type of ADR. They typically include:
1). Mediation
This is where a Los Angeles mediator is hired to create a channel of communication between two parties. The objective of mediation is to give the parties involved the tools they need to find a peaceful solution to their quarrel. Mediation is supposed to produce a solution that satisfies everyone.
2). Arbitration
Whereas meditation is somewhat casual, arbitration has a formal element to it. Here, an Los Angeles, California arbitrator that both parties have chosen will hear the arguments of both sides and make a decision. The arbitrator is supposed to have a technical understanding of the case at hand. They have the power to make binding decisions.
3). Summary Jury Trial
Here, the parties hold a trial in a California court where jurors hear the case and then make deliberations that are used in the mediation that follows.
4). Early Neutral Evaluation
Here, a neutral third party listens to the arguments of the aggrieved parties and uses that information to reveal the potential outcome of a court battle.
With mediation, you can get by without a Los Angeles lawyer, especially if the case is not serious. But summary jury trial requires a lawyer to argue your case. You also have cases that are so complex that you have no way of truly making sense of the consequences of each decision without a lawyer.
Unless advised otherwise, you are better off relying on a legal professional. If you have chosen to hire an ADR attorney, you should keep the following in mind:
1). Experience
You need to find attorneys in Los Angeles with experience in the field. Some lawyers are only interested in fighting your case in court. They always present an aggressive front. This won’t help you in mediations that are supposed to reach a settlement that pleases both parties. Find a lawyer that can fight for your interests without antagonizing the other side.
2). Duration
You need to determine whether you want your Los Angeles, CA lawyer to assist you throughout the course of the mediation process or if you only want periodic advice. Some people prefer to tackle ADR alone. But it won’t hurt to keep a lawyer on speed dial that you can call from time to time to confirm a decision.
3). Communication
Do not pursue ADR in California unless you want it to succeed. And if you have decided that you want to reach a mutually beneficial settlement with your opponent, tell the ADR attorney you have chosen. They need to understand that you are not out to destroy your opponent.
4). Money
Don’t forget to discuss your legal fees with your chosen attorney. ADR Attorney Los Angeles CA is supposed to be cheaper than a court battle. But that isn’t always the case. Talk to your lawyer ahead of time to ensure that you are willing to pay their fees.
