AltCourt Judicial Arbitration Mediation Services Spectrum
Alternative Dispute Resolution (ADR)
At ALTCOURT JUDICAIL ARBITRATION MEDIATION SERVICES, clients are assisted by expert, professional neutrals (retired judges and attorneys) who use a full range of dispute resolution processes between direct negotiation and litigation to achieve resolution.
In Direct Negotiation the parties collectively retain complete formal and informal control over the process and its outcome including:
Mock Exercises and Consultations
Neutral Evaluation is a non-binding process in which the parties retain a neutral to provide an evaluation based solely on the merits of the case. The neutral:
In Litigation, the parties have minimal control over process or outcome:
DEFINING THE ALTCOURT -JUDICAIL ARBITRATION MEDIATION
SERVICES ADR SPECTRUM
In Meditative Processes, a third party neutral works to facilitate a negotiated settlement between the parties. The mediator facilitates the negotiations and evaluates the relative merits of the claims and defenses. The neutral does not have power to impose a solution or decision - the parties retain ultimate control over the outcome. The terms of the agreement are limited only by the interests and creativity of the parties and the neutral. By agreement and permission of the parties, the neutral sets the ground rules and may profoundly affect the order of the proceedings, the parties' collective and individual analyses and the general dynamic of the settlement discussion.
Facilitative Mediation is a process in which outcome control remains almost entirely in the hands of the parties and counsel. The mediator restores communication and helps to create options for resolution by:
Evaluative Mediation occurs when the mediator creates more structure and injects his or her own view or prediction of the trial outcome. It is often used for more difficult cases, where the gap between the parties is large, the issues somewhat complex and the stakes high. The mediator allows the parties to test the reality of their predicted outcomes by:
Mini-Trial is a highly structured, formalized and evaluative mediation process in which the parties cede a great deal of procedural control in order to reframe the dispute from the context of litigation to the context of a business problem. It requires the participation of non-legal party representatives with settlement authority who sit as a panel with the neutral. The neutral advisor:
Non-Binding Arbitration is a hearing process that looks and feels like arbitration, but is advisory, not binding. The neutral advisor(s):
Neutral Expert Fact-Finding can be a stand-alone, non-binding process, or it can be part of a larger non-binding process. It is used to help resolve a disputed technical issue. The neutral:
In Adjudicative Processes, a third party neutral is brought in to hear and consider facts and/or arguments presented by the plaintiff and defendant, and to render a reasoned binding decision or solution based upon an agreed upon standard of legality or fairness. The neutral's role is to issue a solution for the parties, not to help them reach an agreed-upon solution to their dispute.
Arbitration, long used as an alternative to litigation in commercial disputes and labor disputes, offers less formal procedures, abbreviated presentations and the undivided attention of the neutral(s). The arbitrator(s):
Bracketed Arbitration ("high-low") occurs when the parties structure an agreement to "bracket" or limit the possible range of outcomes. The parties may agree that the arbitrator:
Additional Arbitration Services:
Court Appointed Special Masters/Discovery Masters are appointed by sitting judges to assist with disputes that are legally or administratively complex. Discovery masters are selected by the parties rather than appointed. The special master or discovery master:
251-444-6174 or email mediationscheduling@AltCourt.net
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