Sacramento Alternative Dispute Resolution Lawyer

Sacramento Alternative Dispute Resolution Attorney

Alternative dispute resolution (ADR) is a legal option for resolving civil disputes outside of court. A Sacramento alternative dispute resolution lawyer acts as a neutral conciliator between you and another party in a civil case, providing a satisfactory path to conflict resolution.

The attorneys at Peterson Watts Law Group, LLP, can serve as mediators and arbitrators in your Sacramento civil dispute case, giving you strong legal guidance as you avoid a lengthy and costly trial.

What Is Alternative Dispute Resolution?

Alternative dispute resolution is a legal process that enables conflicting parties to resolve a civil case with the help of a neutral, third-party legal counsel.

There are multiple advantages to alternative dispute resolution:

• It is cost- and time-effective: While a court case may take years to resolve, cases that go through an ADR process may be settled within months or even weeks, depending on the complexity of the claim.
• It allows you to control the process: ADR gives both parties in a dispute more leverage over the result. In a trial, it is a jury or a judge who delivers a judgment.
• It is private: Trials are public, which leaves your or your business’s information out in the open. Alternative dispute resolution happens behind closed doors.
• It leaves parties on better terms: Trials can be messy, but an ADR process allows both parties to come away on good terms, opening the door for future collaboration.

Alternative dispute resolution is the optimal path for most civil disputes. Sacramento County Superior Court encourages litigants to pursue ADR options. It also requires complainants to provide defendants with court documentation on alternative dispute resolution options.

Alternative Dispute Resolution Options in Sacramento

Sacramento offers two alternative dispute resolution options: mediation and arbitration. Both options are cost- and time-effective and give both parties the chance at a preferable outcome.

Each of these ADR alternatives is carried out differently.

Mediation

Mediation is a voluntary process both parties can enter into. It can happen at any stage of litigation. Attorneys may also request mediation during a case management conference.

Once mediation is proposed, both parties may agree on a court-appointed attorney, or they may choose a private attorney to carry out the role of mediator.

The mediator facilitates discussions, clarifies facts, and renders their opinion on the most optimal resolution to the legal issues at hand.

The benefits of mediation include the following:

• It is a voluntary process.
• The mediator’s proposed resolution is nonbinding.
• Discussions are confidential.
• Court evidentiary rules do not apply.

If parties are unable to reach a consensus through mediation, they may proceed to trial. Mediation is still helpful in these situations, as both parties can leave with a greater awareness of the strength of their cases as they proceed to court.

Arbitration

Similar to mediation, arbitration can take place before a case goes to trial. Arbitration can be requested by the plaintiff or both parties. It can also be ordered by a judge. In some cases, contracts stipulate that arbitration must be pursued in case of a dispute.

A court-appointed attorney or a private attorney chosen by both parties is the arbitrator in a “mini-trial.” A previously signed contract may stipulate the rules of arbitration. Otherwise, arbitration will be carried out according to California statutes.

During arbitration, lawyers on each side present their arguments to the arbitrator. The neutral party will give out a final ruling or an arbitration award.

Awards may be binding or nonbinding, depending on the rules of arbitration. Generally, rulings are final and should be adhered to. In non-binding arbitration, if either party is unsatisfied with the arbitrator’s ruling, they have some time to request a trial before the ruling becomes binding. Contact our Sacramento arbitration lawyer.

How Can a Sacramento Alternative Dispute Resolution Lawyer Help You?

A skilled Sacramento alternative dispute resolution lawyer can help resolve a dispute more quickly and efficiently.

During both arbitration and mediation, an attorney provides a neutral perspective and strives to give both parties an optimal outcome in a civil dispute.

Though court-appointed lawyers are available to serve as arbitrators or mediators, a private ADR attorney with a successful record of ADR work can provide adequate knowledge and insight into the available options for case resolution.

Additionally, court-appointed mediators must be paid after three hours of pro bono work, and you will thus need to pay additional legal fees if the case is complex and requires longer mediation.

Sacramento Alternative Dispute Resolution FAQs

Q: What Is Alternative Dispute Resolution in Sacramento, CA?

A: Alternative dispute resolution (ADR) in Sacramento, CA is a process by which both parties in a civil dispute meet with a neutral third party to resolve the matter outside of court. Depending on the outcome of the ADR process, the matter may be resolved, or the case may proceed to trial.

Q: Why Is ADR Better Than Court?

A: ADR is typically better than going to court. The process is more time-efficient since discussions will take place outside of court. Thus, litigants may not need to wait for a court date or go through the lengthy trial process to resolve the issue. Consequently, it is more cost-effective.

ADR also allows both parties to present their arguments and proposed solutions, giving them more power over the result.

Q: What ADR Options Are Available in Sacramento?

A: The two alternative dispute resolution options available in Sacramento are mediation and arbitration. Mediation is a voluntary process wherein a neutral third party listens to arguments on both sides and provides an opinion on the ideal legal solution.

Conversely, arbitration is like a “mini-trial.” Here, an arbitrator listens to arguments, reviews evidence, and hands down an award of arbitration. This ruling may or may not be final, depending on the rules that the parties agreed to beforehand.

Q: Does ADR Cost Money?

A: ADR can cost money since each party is represented by an attorney besides the mediator or arbitrator.

Additionally, you may need to pay additional fees if you:

• Choose a private attorney for the ADR process.
• Have a court-appointed attorney for mediation who needs to work more than three hours.

ADR, however, is generally less costly than an actual trial, as trials may last for years, increasing the fees paid to attorneys and the court.

Peterson Watts Law Group, LLP, Can Help With Alternative Dispute Resolution

If you are in the middle of a civil dispute, the attorneys at Peterson Watts Law Group, LLP, can serve as arbitrators and mediators as you pursue alternative dispute resolution to your case.

We bring our knowledge from working with small and large businesses in the Sacramento metropolitan area and our skills as ADR attorneys to help you during mediation or arbitration.  Contact our office today to discuss your case.