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Alternative Dispute Resolution

Say goodbye to costly and time-consuming court battles! (To the extent that you can of course). Alternative Dispute Resolution (ADR) offers efficient methods of mediation, arbitration, and negotiation led by neutral third parties. Using ADR allows all parties to preserve valuable relationships while ensuring win-win outcomes in business, employment, and civil disputes. 

To further understand the differences between ADR and litigation, our blog post breaks it down in layman’s terms and has a chart which should prove to be helpful as well. 

Negotiation

We at Kaminsky Law are well aware that, in times of high tension and what seems to be an impossible road ahead, even having a conversation with the opposing party may seem unattainable. This is where having a neutral third party assist in negotiations can prove to be all the difference. If preliminary negotiations do not seem to be enough to resolve the dispute, the matter can move to the slightly more formal process of mediation.

Mediation

Mediation is a voluntary and confidential process where a neutral and trained mediator helps the parties with communication and negotiation in their dispute. The mediator will explore the parties interests, identify common ground, and strategize a mutually beneficial solution. Mediation allows for the parties to maintain control over the outcome, opens a channel of dialogue, and overall promotes a more amicable resolution of conflicts. In mediation, the neutral 3rd party has more available options: a friend, advisor, lawyer or judge. 

Kaminsky Law will gladly represent you in a mediation, or act as a mediator between two parties.  

Arbitration

Arbitration is similar to mediation, however, it is more formal. In mediation there are four options for neutral third parties whereas in arbitration there are only usually two options; lawyer or judge.

Arbitration is considered more formal because it is like a mini trial and the ruling on the dispute can be final and binding, if the parties agree  before the arbitration. 

Why Use ADR?

Alternative Dispute Resolution offers a powerful alternative to traditional litigation, empowering parties to find common ground, preserve relationships, and craft tailored solutions. With the guidance of expert mediators and arbitrators, parties can resolve legal disputes in a cost-effective, timely, and collaborative manner, unlocking the potential for mutual success and reconciliation.

If you are still not sure about whether your dispute can be resolved with ADR, give us a call and we can help you determine if this is an option that we would recommend for you. 

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FAQS

Alternative Dispute Resolution is used when parties seek to resolve conflicts outside of the court room. It’s used for various disputes like contracts and employment issues, aiming for faster, more cost-effective, and mutually satisfactory resolutions.

ADR is less formal, quicker, and more flexible than traditional litigation. It typically involves mediation or arbitration, where a neutral third party helps the disputing parties find a resolution or makes a binding decision after hearing both sides.

Mediation offers benefits like confidentiality, flexibility, cost-effectiveness, and faster resolution. It promotes open communication, allows parties to craft their own solutions, preserves relationships, and reduces the burden of court involvement. 

The cost of litigation will be higher because of the attorneys fees, court expenses, and prolonged proceedings. In contrast, arbitration will be less expensive, quicker, and more straightforward because of fewer formalities and a streamlined process.

The timing of payment depends on the specifics of the case and the details in the agreement that the parties come to. Sometimes payment is immediate and others it could be scheduled or subject to terms negotiated during the process.

The duration of ADR varies, it can last from a few weeks to several months, depending on how complex your case is and how willing the parties are to cooperate. 

Mediation settlements are typically non-binding unless the agreement specifically states that it is. 

An arbitrator is usually a lawyer or a judge. In mediation, a more informal process, the neutral third party can also be a friend or advisor. In litigation, the neutral third party must be a judge. 

Kaminsky Law offers Mediation and Arbitration services over Zoom and finds that it can be just as successful as in-person ADR. Having the flexibility of joining the call from home rather than making a commute can speed up the process for people who may be unable to make a long drive work for them.

Anton Kaminsky, Kaminsky Law's founding partner, is an aggressive and creative lawyer that takes a modern approach to business, personal injury, and employment litigation

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Kaminsky Law is a small business-oriented litigation Law firm licensed in Pennsylvania and New Jersey with cost-effective approach to lawsuits, settlements, and dispute resolution.