Robbins, Kelly, Patterson & Tucker’s litigation attorneys help clients resolve disputes and claims through a process commonly known as Alternative Dispute Resolution (ADR). ADR refers to any process that has the goal to settle disputes outside of the courtroom.
We are using ADR more and more to resolve disputes and claims for our clients. Of course the oldest form of ADR is for parties and their attorneys to negotiate a resolution of every dispute or claim outside of the legal system. The main advantage of this form of dispute resolution is to allow the parties themselves to control the process and the solution.
However, if negotiation fails to resolve the dispute or claim, our attorneys use an ADR process to facilitate a resolution without a trial in a court room. The two most common ADR processes are mediation and arbitration.
Mediation is an informal alternative to litigation. Mediators are individuals trained in negotiations, who bring opposing parties together in an attempt to achieve a settlement agreement that both parties can accept. Mediation is used for a wide range of cases and has become a significant method for resolving disputes in personal injury claims for motor vehicle accidents, medical negligence, contract disputes, and employment disputes.
Arbitration is a simplified version of a trial. It involves limited discovery and simplified rules of evidence. The arbitration is managed by a neutral panel of one to three arbitrators who hear the evidence and the legal arguments. Arbitration hearings are designed to take less time than an actual trial in a court room. Depending upon the dispute, arbitration can last between a few days to a week. The arbitration panel then deliberates and issues a written decision and award on the merits of the claim. Arbitration has long been used in labor and construction disputes, and is now gaining popularity in business, personal injury claims and insurance disputes.
We welcome you to contact RKPT to discuss your legal needs and how ADR may benefit you. Located in Cincinnati, we serve businesses and individuals throughout the Ohio, Kentucky and Indiana Tri-State area.