OVERVIEW
ADR stands for Alternative Dispute Resolution. Few civil cases filed in California will proceed all the way to trial. In recent years, ADR has become an increasingly important and favored way to resolve civil disputes. Although there are many different variations of ADR, the most common are mediation and arbitration. Mediation involves a third party “mediator” who will attempt to guide the parties to a mutually satisfactory settlement. Mediation is usually voluntary and “non-binding.”
The mediator uses persuasion and logic to achieve settlement. The mediator does not have the power to rule on issues or to force the parties to settle if they do not wish to do so. Arbitration, on the other hand, generally is binding and the arbitrator operates as a quasi-judicial officer. However, arbitration is often conducted in an informal setting with relaxed rules of evidence and procedure.
Our partner Paul Fine serves as a mediator and arbitrator in commercial and construction disputes. He has been on the American Arbitration Association panel of neutrals since 1977. Paul’s experience in handling construction cases enables him to quickly and comprehensively grasp complex architectural, engineering and construction issues.
Given the prominence of ADR in today’s civil litigation arena, it is imperative to utilize counsel who can help you select the best mediator or arbitrator for your case and who understands the nuances of the ADR process. At DFISL, we have vast experience in the ADR arena and we frequently utilize the services of all major California ADR providers. We can help you with this very important piece of the civil litigation puzzle.