What should I Expect in Alternative Dispute Resolution?
There may be many reasons that Alternative Dispute Resolution (ADR) is in your best interest. Resolution is possible on your schedule, for less than going to trial in Circuit Court and you are aware of the judge you're selecting ahead of time. What does Mediation, Arbitration or a Reference Judge Trial actually look like though?
Mediation
Mediation brings the parties in a case together to discuss the merits of their case. Your mediator will discuss your dispute and lend their experience to the facts of your case. By better understanding what is possible to happen at trial ahead of time, you may negotiate with the other parties to reach resolution. Often, your mediator will meet with each party separately and facilitate a back and forth type discussion.
Arbitration
Arbitration differs from mediation. Your arbitrator(s) will review the evidence and facts in your case, listen to the parties and then issue a binding decision. Arbitration is often mandatory based on an agreement that all parties made prior to the issues in the case arising, but it can also be voluntary.
Reference Judge Trials
Reference Judge Trials occur when parties agree to have a regular trial outside of the Circuit Court. Case law and the rules of evidence still apply like a normal trial and specific requirements must be met for someone to become a reference judge. You can expect these proceedings to look and sound very much like trial in a courtroom but less formal.