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Copyright © Venner ADR |
The cost savings from the use of ADR results from a reduction in attorney's fees and expert witness fees and other costs associated with preparing a case for trial. Further, the use of ADR in legal case management results in a reduction in the period of time the case is pending. Since approximately 98% of all cases settle before trial, it is good business to determine whether your matter would benefit from mediation early on in the development of the case.
Arbitration whether binding or non-binding, is an evaluative dispute resolution procedure in which a neutral decision-maker receives the evidence, listens to the arguments of counsel and then renders a decision as to which party will prevail and what damages are recoverable under the law. Early Neutral Evaluation is a way for parties to avoid the heavy costs of discovery and pretrial litigation. In this ADR process, the Evaluator conducts a case evaluation conference early on in the litigation process, and sometimes even before a complaint has been filed. After each party has presented its positions, the Evaluator seeks to narrow the issues in the case and then assesses for each party the relative strengths and weaknesses of their case and risks at trial. The Evaluator may then explore early settlement possibilities. If, however, settlement is premature, the Evaluator may encourage the parties to enter into stipulations designed to narrow issues in the case, set discovery plans, motion and deposition schedules or document productions. Fees for Early Neutral Evaluation sessions are similar to those for mediation. Phone: (415) 388-0905 • Fax: (415) 388-1036 • E-Mail: venneradr@msn.com
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Mediator, mediation, mediate: alternative dispute resolution requires you know those words mean ADR. Alternative dispute resolution means going to a mediator who will mediate and provide mediation. |