Alternative Dispute Resolution (ADR) offers a practical, efficient way to resolve legal disputes outside traditional litigation. Taking a dispute to trial can be a long, expensive, and emotionally and financially draining process for all involved. ADR encompasses mediation, arbitration, private judging, and other methods that allow parties to determine outcomes through negotiated or adjudicated processes. These tools are widely used in business, family, and interpersonal matters, often driven by contractual provisions or court-mandated settlement efforts.
The ADR practice at Offit Kurman provides representation in mediation, arbitration, and settlement proceedings across a range of commercial and personal disputes. Attorneys in this practice develop and negotiate ADR provisions in business contracts and guide clients through the full range of private dispute-resolution procedures. Many civil courts now require ADR participation before a matter is scheduled for trial, and ADR often serves as a cost-effective path that reduces the burden on the court system.
Mediation and Arbitration Representation
The firm represents parties in both mediation and arbitration, including matters arising from commercial contracts, business ownership, family law issues, and other civil disputes. Services include:
- Preparing and negotiating ADR clauses in agreements
- Counseling clients on the strategic advantages and limitations of each ADR method
- Representing parties through all phases of mediation and arbitration proceedings
- Managing evidentiary issues, submissions, and negotiations
Neutral Services: Arbitrators and Mediators
In addition to party representation, many Offit Kurman attorneys serve as neutral arbitrators and mediators. These attorneys handle matters involving business conflicts, family law disputes, and other civil issues requiring experienced neutral evaluation. Their work includes facilitating structured negotiations, assessing the strengths and weaknesses of each position, and helping parties move toward resolution.
Settlement Conferences
Settlement conferences, often overseen by retired judges, offer an early neutral evaluation of the risks and potential outcomes of litigation. These court-ordered sessions are designed to narrow disputes before trial. Facilitators may meet separately with each side, working to identify areas of agreement and encourage a mutually determined settlement rather than leaving the outcome to a judge or jury.
