A civil lawsuit can drag on for years and cost hundreds of thousands of dollars. Most civil disputes can be settled out of court in California, using a process called Alternative Dispute Resolution. This can involve mediation, arbitration or negotiations between the parties in dispute. The office of Gary Giesler Law is ready to assist you if you are in need of a North San Diego County Alternate Dispute Resolution Attorney (ADR Attorney).
Types of Alternative Dispute Resolution
A North San Diego County ADR Attorney like Gary Giesler can represent your case in Alternative Dispute Resolution. ADR proceedings save time and money, and the parties that are in dispute with each other are often able to reach a favorable outcome in one of these informal settings.
Mediation: In a mediation proceeding, an ADR attorney can act as a neutral “third party” who helps the two sides come to a favorable resolution. The mediator’s job is to help the two sides communicate with one another and to sometimes offer legal advice as well. It’s very common for a homeowner and a Homeowners’ Association to resolve disputes through a mediator. The two parties involved in the dispute are the ones who ultimately control the outcome of a mediation.
Arbitration: In an arbitration proceeding, the two parties in dispute want a third party — the arbitrator — to resolve the dispute for them. In a binding arbitration, the arbitrator’s decision is final and the parties agree ahead of time to accept the outcome; once the decision is made, they have agreed not to proceed with a lawsuit. In a non-binding arbitration, the two parties still have the option to go to court if they don’t like the outcome. An ADR attorney will represent just one of the parties in an arbitration.
Negotiation: Negotiations are an extremely common part of business law disputes. Two parties will generally negotiate with each other through their attorneys until one of two things happens: Either an agreement is reached or one of the parties decides to file a lawsuit. Negotiations are almost always more favorable than “fighting it out in court.”
Contact a North San Diego County ADR Lawyer
If you are in a dispute with another party but do not want to take the time and expense to have the case decided in court, contact Attorney Gary Giesler at (760) 295-3567. Gary will consult with you and lay out your options for proceeding with an alternative dispute resolution if that is the best course of action for your case.