Alternative dispute resolution (“ADR”) refers to a process of settling disputes without a court or jury trial. The most common ADR options are mediation and arbitration.

Alternative Dispute Resolution may include Mediation

Mediation is by far the most common ADR method. Mediation is used to resolve cases involving personal injury, auto accidents, wrongful death, and virtually any other type of lawsuit. Missouri Supreme Court Rule 17.10 describes mediation as “a process in which a neutral third party facilitates communications between the parties to promote settlement.” Mediators are sometimes referred to as “neutrals” because they don’t work for either party. The mediator is typically chosen by agreement of the parties and their attorneys.

Missouri judges sometimes order parties to mediate. Settlement, even in court ordered mediation, is voluntary. The parties decide whether to resolve their case and, if so, how to resolve the case. This is one of the great advantages of mediation over trial where the judge or jury makes the decision.

A typical mediation usually begins with a joint session between the parties and the mediator. The mediator will have the parties sign a confidentiality agreement. Statements made by the parties in mediation cannot be used against them at trial. Further, the mediator cannot be forced to testify at trial about the mediation process. After the opening session, a number of individual, or caucus, sessions occur. The mediator will put each of the parties in a separate room with their lawyer. The mediator meets with each side privately and shuttles back and forth between rooms as long as the parties are making progress toward a resolution.

Alternative Dispute Resolution may include Arbitration

Arbitration is different from mediation. In arbitration, an arbitrator or panel of arbitrators, agreed to by the parties, makes a final decision. That decision is normally final and binding upon the parties. Arbitration is private and is typically not subject to public search or reporting. Arbitration allows for the dispute between the parties to be finally decided by the neutral. One and / or three are the most common numbers of arbitrators. Under Missouri law, an agreement to arbitrate is required to be in writing. One of the hot issues in the law is whether a consumer can enter into a binding agreement to arbitrate though the purchase of a product or service that has a mandatory arbitration clause in the sales material.

No matter the type of lawsuit you are involved with, alternative dispute resolution may be the most effective way to address your dispute. The attorneys of Kennedy, Kennedy, Robbins, & Yarbro, LC will be happy to assist you. Please contact us or call us at (573)686-2459 to discuss the possibility mediation or arbitration for your dispute.