Wilson Elser attorneys continually explore practical alternatives to traditional litigation to better serve clients’ needs. When appropriate, we recommend the use of alternative dispute resolution (ADR) as an effective and efficient method of resolving disputes.

ADR encompasses techniques aimed at resolving disputes without full-blown litigation. Increasingly, individuals and institutions perceive ADR as a viable and desirable alternative to the traditional adversarial judicial processes within an overburdened court system. It generally involves negotiation, arbitration or mediation:

• Negotiation allows the disputants to reach a mutually acceptable agreement.
• Arbitration involves a third-party decision maker who can render a binding decision.
• Mediation represents a mid-ground between negotiation and arbitration whereby a third party arranges a settlement between competing parties.

In addition to negotiation, arbitration and mediation, the services of our ADR practice include case evaluation, conciliation, facilitation, fact-finding and “mini-trials,” a settlement process in which the parties present summaries of their respective cases to a panel of officials who represent each party (plus a “neutral” official) and who have authority to settle the dispute. Our panel of “neutrals” includes highly respected former state supreme court justices and experienced members of our firm.

Wilson Elser attorneys can act as advocates for parties in these areas or can take a broader role in settling disputes as hearing officers, judicial referees and settlement judges.