lawyers Maine-Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution, or ADR, is a legal dispute resolution that occurs outside of a formal court room setting. This alternative to litigation can be less expensive, less stressful, and faster for the client. Lanham & Blackwll are experienced Mediators and Arbitrators and are knowledgeable as to the various approaches available to effectively assist you in resolving your dispute before filing a lawsuit and going to court.

Types of Alternative Dispute Resolution:

1. MEDIATION: Mediation is a voluntary effort to resolve a dispute. It involves hiring an experienced party, generally an experienced trial attorney, to serve as mediator to bring the sides to a resolution. This effort is non-binding. Mediation is quicker than waiting for a trial and usually less expensive, but it does not guarantee resolution and is dependent on the good faith of the parties. If there is no agreement to resolve the matter, the parties go their separate ways --- or they may head into Court.

Another form of mediation is Non-binding Arbitration. Here, the disputing parties select an arbitrator who will be less oriented towards solving the dispute than in 'hearing' the dispute and rendering a decision. The decision is advisory and NON-BINDING on the parties.

2. ARBITRATION: Arbitration is the only form of ADR that is binding. In Maine we often use a single Arbitrator to provide prompt and private resolution of disputes. Although Arbitration can be voluntary, many times contracts entered into provide for Arbitration as the method for resolving disputes. It is not unusual for such contracts to require a panel of three arbitrators who are chosen by the parties.

3. EARLY NEUTRAL EVALUATION (ENE): Under the theory that “an ounce of prevention is worth a pound of cure,” this is perhaps the earliest and most informal method of alternative dispute resolution --- uncovering issues before positions harden and expenses begin to rise.

The goal of ENE is to allow disputing parties an early, frank evaluation by an objective observer about the merits of a case. The observer studies the materials provided by the disputing parties, does independent research into the issues presented, and may ask questions of clarification. After gathering all the information needed, the Evaluator then offers an opinion as to the settlement value and the potential outcome of the case.

ENE can enhance direct communication between the parties about their claims and supporting evidence and provide an assessment of the merits of the case by a neutral expert. In addition, it can provide a "reality check" for clients and lawyers and help to identify and clarify the central issues in dispute.

It is NON-BINDING, confidential, voluntary and does not preclude the use of other options.


		ALTERNATIVE DISPUTE RESOLUTON (ADR) Alternative Dispute Resolution, or ADR, is a legal dispute resolution that occurs outside of a formal court room setting. This alternative to litigation can be less expensive, less stressful, and faster for the client. Lanham & Blackwll are experienced Mediators and Arbitrators and are knowledgeable as to the various approaches available to effectively assist you in resolving your dispute before filing a lawsuit and going to court. Types of Alternative Dispute Resolution: 1. MEDIATION: Mediation is a voluntary effort to resolve a dispute. It involves hiring an experienced party, generally an experienced trial attorney, to serve as mediator to bring the sides to a resolution. This effort is non-binding. Mediation is quicker than waiting for a trial and usually less expensive, but it does not guarantee resolution and is dependent on the good faith of the parties. If there is no agreement to resolve the matter, the parties go their separate ways --- or they may head into Court. Another form of mediation is Non-binding Arbitration. Here, the disputing parties select an arbitrator who will be less oriented towards solving the dispute than in 'hearing' the dispute and rendering a decision. The decision is advisory and NON-BINDING on the parties. 2. ARBITRATION: Arbitration is the only form of ADR that is binding. In Maine we often use a single Arbitrator to provide prompt and private resolution of disputes. Although Arbitration can be voluntary, many times contracts entered into provide for Arbitration as the method for resolving disputes. It is not unusual for such contracts to require a panel of three arbitrators who are chosen by the parties. 3. EARLY NEUTRAL EVALUATION (ENE): Under the theory that “an ounce of prevention is worth a pound of cure,” this is perhaps the earliest and most informal method of alternative dispute resolution --- uncovering issues before positions harden and expenses begin to rise. The goal of ENE is to allow disputing parties an early, frank evaluation by an objective observer about the merits of a case. The observer studies the materials provided by the disputing parties, does independent research into the issues presented, and may ask questions of clarification. After gathering all the information needed, the Evaluator then offers an opinion as to the settlement value and the potential outcome of the case. ENE can enhance direct communication between the parties about their claims and supporting evidence and provide an assessment of the merits of the case by a neutral expert. In addition, it can provide a "reality check" for clients and lawyers and help to identify and clarify the central issues in dispute. It is NON-BINDING, confidential, voluntary and does not preclude the use of other options.
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