Arbitration and Mediation – Alternative Dispute Resolution (ADR)

Hortman Harlow offers alternative dispute resolution (ADR) services, including arbitration, mediation, and early neutral evaluation.

ADR offers alternatives to traditional litigation in the resolution of disputes. ADR is growing in use and popularity. The two most popular and widely used ADR techniques are arbitration and mediation.

Mediation is an informal non-binding process designed to assist parties in negotiating their differences to a binding resolution. Arbitration is a private, contractual, voluntary process whereby the dispute is heard and decided by a third person, the Arbitrator, selected by the parties or appointed by a Court or administrative agency. The Arbitrator acts as judge and finder of facts and has the authority to render a decision, the binding nature of which is determined by the contract between the parties and/or applicable federal or state law.

Mediation is private, voluntary, and efficient. Mediation is a dispute resolution procedure wherein a trained, neutral third party, a mediator, is retained by the parties to assist them in reaching a settlement. A mediator, unlike an arbitrator, does not render the decision. He facilitates the parties in arriving at their own decision. Mediation can be used before suit, during litigation, and during appeal.

Early Neutral Evaluation is a non-binding process. The parties select a third-party evaluator to whom they submit information upon which the evaluator gives a disinterested evaluation of the merits of the positions of the parties. Often the process includes evaluation of the monetary value of damages in a claim or lawsuit. The process is designed to assist the parties in settlement negotiations.