Alternative Dispute Resolution

The attorneys at Chee Markham & Feldman have a wealth of alternative dispute resolution (ADR) experience. Alternative dispute resolution can entail a variety of methods, including mediation or arbitration, all of which typically resolve disputes without going to trial. Our attorneys not only represent parties on either side of an ADR proceeding, but often serve as third party neutrals.

ADR is becoming favorable for many business clients because it is generally less costly, more efficient, and less formal than litigating in court. Our firm has represented numerous clients facing insurance defense and coverage, real estate and construction, and business and commercial law disputes in mediations and arbitrations. Our attorneys also have the qualifications and experience to act as a neutral mediator or arbitrator in any of these practice areas.   

Mediation involves a neutral, third party mediator facilitating a discussion between the opposing parties. By helping the parties communicate with one another and express their respective interests, the mediator's goal is to enable the parties to voluntarily arrive at a mutual solution. Unlike trials, the mediator does not issue a judgment or order for the parties to follow, and mediations are typically confidential.

Arbitrations also involve third party neutrals, or arbitrators. Arbitration has some aspects that are similar to court trials: evidentiary and procedural rules are followed and, in some cases, the arbitrator's decision can be final and binding on the parties. Nonetheless, arbitration generally remains a less formal, less costly, and less time-consuming method of resolving disputes than trial litigation.

In either form, ADR can provide a faster resolution to a dispute, saving clients thousands of dollars that they would otherwise have spent on time-consuming litigation. While litigation may be the only remaining option for some disputes, or, in other situations, the most viable option to preserve a client's interests, litigation is typically not favored by clients due to the excessive costs. In addition, crowded courtroom schedules often make litigation a time-intensive process. In many cases, obtaining a speedy resolution through arbitration, mediation, or other negotiations is much more feasible and appealing to the parties than litigating a matter for months, or even years.

In some disputes, when the parties want or need to continue their business relationship after the matter has been resolved, ADR can be the most appropriate and effective means of conflict resolution. ADR methods are usually much less antagonistic than litigation, forging a path towards amicable resolution by allowing the disputing parties to work together to achieve a mutually-satisfactory agreement. The time and money saved by avoiding traditional courtroom litigation also reduces the potential for aggravating any personal element of a business conflict.

Unlike many law firms that focus on large, corporate clientele, Chee Markham & Feldman promotes cost-effective representation throughout every stage of a client's legal matter. Our distinguished ADR practice showcases this philosophy of putting our clients' interests and goals first and foremost.