ADR, or "alternate dispute resolution" refers to methods of resolving disputes peacefully outside of the courtroom. Such methods include mediation and arbitration, as described below.
Mediation
What Is Mediation?
Mediation is facilitated negotiation. When two parties are unable to resolve a dispute, they may seek the assistance of a neutral third party called a "mediator". A mediator has no power to impose a settlement on the parties. Rather, the mediator tries to guide the parties toward a resolution that is acceptable to both of them. Once such a resolution is reached, the mediator will assist the parties in reducing their agreement to an enforceable contract. Unlike a trial in which one party wins and one party loses, in a mediated agreement, both sides win. Should the mediation process fail to produce a resolution acceptable to both parties, the parties are still free to pursue their other legal remedies, such as arbitration or litigation.
Why Mediate?
Mediation offers several advantages over litigation. Mediation is confidential, faster, and less expensive than litigation. The parties maintain control over the mediation process, and can, unlike a judge, search for creative solutions for their dispute. Often, personal relationships can be preserved or even strengthened through open and honest dialog in a safe environment. Any agreement reached through mediation is final, as opposed to a court judgment which may be subject to costly appeals that can drag out for years. Perhaps the best argument in favor of mediation is that it works.
When is Mediation Appropriate?
Mediation may be used for virtually any type of dispute with the consent of the parties. The process is particularly appropriate for divorcing parents, to resolve issues such as custody and parenting time while minimizing the harm to their children that inevitably results from litigation. Mediation is effective in a host of other disputes also, including Landlord vs. Tenant; Consumer vs. Merchant; Employer vs. Employee; Homeowner vs. Contractor; and Neighbor vs. Neighbor. Virtually any dispute that might end up in court may be mediated, including accident claims, and even, in rare instances, criminal cases.
Mediation for Divorcing Spouses
Oregon's courts are mandated by state law to implement a program of mediation for divorcing spouses. In Oregon's Fifteenth Judicial District, comprised of Curry and Coos Counties, all individuals undergoing a dissolution of marriage are required to attend a mediation orientation program. There are mediation orientation classes held in the courthouse in Gold Beach. For more information, or to sign up for that class, contact the Coastal Center in Coos Bay at (541) 267-2113. This program is paid for by funds generated by the court system.
Mediation is Cost-Effective
The process often takes less than one-half day at a cost comparable to a deposition of equal length. There is no formal presentation of witnesses or experts, providing considerable savings in money and time. Alternative Dispute Resolution ("ADR") service providers indicate eighty percent of cases mediated settle on the day of the mediation. Even where a case does not settle, mediation provides better case focus and issue identification and may lead to an agreement to use other Alternative Dispute Resolution procedures.
Arranging a Mediation
If you are interested in settling your dispute out of court, you or your lawyer should call my office to make arrangements. It is important to indicate in your initial call to my office that you are interested in my services as a mediator, and not my legal services. Because it is crucial that I remain impartial as a mediator, I avoid any direct personal contact with either of the parties prior to the actual mediation session. My assistant will contact the other party or their attorney and make the necessary arrangements for an initial session.
Arbitration
What is Arbitration?
Arbitration is a form of dispute resolution in which a third party receives evidence from the parties on both sides of a dispute and renders a binding decision. Arbitration is similar to litigation in that the arbitrator imposes a decision on the parties. The process is generally much less formal than litigation, however, and not subject to courtroom procedures such as rules of evidence or appeal. Any type of dispute may be arbitrated. From petty squabbles to international conflicts, arbitration can often produce quick, inexpensive and meaningful results for the parties.
Why Arbitrate?
Arbitration may be court connected or private. In Oregon's Fifteenth Judicial District, comprised of Curry and Coos Counties, all civil cases filed with the circuit court involving claims of $25,000 or under are subject to mandatory arbitration. This mandate also applies to dissolution of marriage cases which involve property only, and to small claims cases in which a defendant has requested a jury trial. Parties to such a suit will receive information from the court in the course of their litigation, instructing them to initiate an arbitration.
Arbitration may also be initiated directly by the parties, whether or not a lawsuit has been filed. In a private arbitration, the parties generally enter into an agreement to arbitrate. That agreement will control the ground rules for the arbitration, and often dictates whether the arbitrator's decision is final or subject to appeal. Given the fact that parties to a lawsuit will be required to arbitrate in the course of their litigation, it may be cost effective for both sides to consider arbitration as an alternative to litigation at the outset.
Is Arbitration Final?
Disputes which are arbitrated under Oregon's mandatory arbitration program are subject to limited appeal to the local circuit court. The losing party in such cases may obtain a "trial de novo" before a circuit court judge or a jury, meaning that the case would be tried as any other case, with both sides presenting evidence. If the appealing party does not improve his position after a trial, he becomes liable for all, or a portion of, the prevailing party's costs and attorney's fees incurred in trying the case.
Oregon law authorizes and provides for enforcement of private agreements to arbitrate. The law allows for flexibility in such agreements, and in the ground rules used in the actual arbitration. An arbitrator's award may be filed with the court, and is then subject to limited exceptions from the losing party. Exceptions include fraud, bias, or misconduct on the part of the arbitrator. Barring any legitimate exceptions, the arbitrator's award becomes a binding judgment after 20 days. That judgment is subject to formal appeal to higher courts only if a party has filed an objection to it during the 20-day waiting period.
Arranging an Arbitration
If you are interested in settling your dispute out of court, you or your lawyer should call my office to make arrangements. It is important to indicate in your initial call to my office that you are interested in my services as an arbitrator, and not my legal services. Because it is crucial that I remain impartial as an arbitrator, I avoid any direct personal contact with either of the parties prior to the actual arbitration session. My assistant will contact the other party or their attorney and make the necessary arrangements for initial session.
Mediation
What Is Mediation?
Mediation is facilitated negotiation. When two parties are unable to resolve a dispute, they may seek the assistance of a neutral third party called a "mediator". A mediator has no power to impose a settlement on the parties. Rather, the mediator tries to guide the parties toward a resolution that is acceptable to both of them. Once such a resolution is reached, the mediator will assist the parties in reducing their agreement to an enforceable contract. Unlike a trial in which one party wins and one party loses, in a mediated agreement, both sides win. Should the mediation process fail to produce a resolution acceptable to both parties, the parties are still free to pursue their other legal remedies, such as arbitration or litigation.
Why Mediate?
Mediation offers several advantages over litigation. Mediation is confidential, faster, and less expensive than litigation. The parties maintain control over the mediation process, and can, unlike a judge, search for creative solutions for their dispute. Often, personal relationships can be preserved or even strengthened through open and honest dialog in a safe environment. Any agreement reached through mediation is final, as opposed to a court judgment which may be subject to costly appeals that can drag out for years. Perhaps the best argument in favor of mediation is that it works.
When is Mediation Appropriate?
Mediation may be used for virtually any type of dispute with the consent of the parties. The process is particularly appropriate for divorcing parents, to resolve issues such as custody and parenting time while minimizing the harm to their children that inevitably results from litigation. Mediation is effective in a host of other disputes also, including Landlord vs. Tenant; Consumer vs. Merchant; Employer vs. Employee; Homeowner vs. Contractor; and Neighbor vs. Neighbor. Virtually any dispute that might end up in court may be mediated, including accident claims, and even, in rare instances, criminal cases.
Mediation for Divorcing Spouses
Oregon's courts are mandated by state law to implement a program of mediation for divorcing spouses. In Oregon's Fifteenth Judicial District, comprised of Curry and Coos Counties, all individuals undergoing a dissolution of marriage are required to attend a mediation orientation program. There are mediation orientation classes held in the courthouse in Gold Beach. For more information, or to sign up for that class, contact the Coastal Center in Coos Bay at (541) 267-2113. This program is paid for by funds generated by the court system.
Mediation is Cost-Effective
The process often takes less than one-half day at a cost comparable to a deposition of equal length. There is no formal presentation of witnesses or experts, providing considerable savings in money and time. Alternative Dispute Resolution ("ADR") service providers indicate eighty percent of cases mediated settle on the day of the mediation. Even where a case does not settle, mediation provides better case focus and issue identification and may lead to an agreement to use other Alternative Dispute Resolution procedures.
Arranging a Mediation
If you are interested in settling your dispute out of court, you or your lawyer should call my office to make arrangements. It is important to indicate in your initial call to my office that you are interested in my services as a mediator, and not my legal services. Because it is crucial that I remain impartial as a mediator, I avoid any direct personal contact with either of the parties prior to the actual mediation session. My assistant will contact the other party or their attorney and make the necessary arrangements for an initial session.
Arbitration
What is Arbitration?
Arbitration is a form of dispute resolution in which a third party receives evidence from the parties on both sides of a dispute and renders a binding decision. Arbitration is similar to litigation in that the arbitrator imposes a decision on the parties. The process is generally much less formal than litigation, however, and not subject to courtroom procedures such as rules of evidence or appeal. Any type of dispute may be arbitrated. From petty squabbles to international conflicts, arbitration can often produce quick, inexpensive and meaningful results for the parties.
Why Arbitrate?
Arbitration may be court connected or private. In Oregon's Fifteenth Judicial District, comprised of Curry and Coos Counties, all civil cases filed with the circuit court involving claims of $25,000 or under are subject to mandatory arbitration. This mandate also applies to dissolution of marriage cases which involve property only, and to small claims cases in which a defendant has requested a jury trial. Parties to such a suit will receive information from the court in the course of their litigation, instructing them to initiate an arbitration.
Arbitration may also be initiated directly by the parties, whether or not a lawsuit has been filed. In a private arbitration, the parties generally enter into an agreement to arbitrate. That agreement will control the ground rules for the arbitration, and often dictates whether the arbitrator's decision is final or subject to appeal. Given the fact that parties to a lawsuit will be required to arbitrate in the course of their litigation, it may be cost effective for both sides to consider arbitration as an alternative to litigation at the outset.
Is Arbitration Final?
Disputes which are arbitrated under Oregon's mandatory arbitration program are subject to limited appeal to the local circuit court. The losing party in such cases may obtain a "trial de novo" before a circuit court judge or a jury, meaning that the case would be tried as any other case, with both sides presenting evidence. If the appealing party does not improve his position after a trial, he becomes liable for all, or a portion of, the prevailing party's costs and attorney's fees incurred in trying the case.
Oregon law authorizes and provides for enforcement of private agreements to arbitrate. The law allows for flexibility in such agreements, and in the ground rules used in the actual arbitration. An arbitrator's award may be filed with the court, and is then subject to limited exceptions from the losing party. Exceptions include fraud, bias, or misconduct on the part of the arbitrator. Barring any legitimate exceptions, the arbitrator's award becomes a binding judgment after 20 days. That judgment is subject to formal appeal to higher courts only if a party has filed an objection to it during the 20-day waiting period.
Arranging an Arbitration
If you are interested in settling your dispute out of court, you or your lawyer should call my office to make arrangements. It is important to indicate in your initial call to my office that you are interested in my services as an arbitrator, and not my legal services. Because it is crucial that I remain impartial as an arbitrator, I avoid any direct personal contact with either of the parties prior to the actual arbitration session. My assistant will contact the other party or their attorney and make the necessary arrangements for initial session.
Paul Pierson, Attorney at Law
16210 East Hoffeldt Lane #6
Brookings, OR 97415
Phone and Fax: (541) 469-7487
Email: brookingslaw@yahoo.com
16210 East Hoffeldt Lane #6
Brookings, OR 97415
Phone and Fax: (541) 469-7487
Email: brookingslaw@yahoo.com
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