ADR Services Offered:
In ADR there is no "one size fits all," nor should there be. After all, it is always a product of an agreement between the parties. The parties' interests and needs are primary, and they deserve the advantage of choosing a program that best fits their interests and needs. Examples of the typical ADR programs are as follows:
Mediation: A neutral professional is designated by the parties to convene meetings to assist each party in communicating and further understanding its own and the others interests and issues, and to create an process to facilitate their meeting these interest and resolving the issues, in a way that may be more predictable and certain than a litigation alternative .
Med-Arb: This is an ADR process with various possible permutations (including Arb-Med) but most typically unitizing one neutral who commences with mediation but is empowered to follow with arbitration if it becomes necessary to resolve disputed issues. Arb-Med, in contrast, commences as a conventional arbitration, and culminates in a sealed award by the arbitrator. Thereafter, the same or an alternate neutral attempts to mediate and bring about a negotiated settlement of the conflict. During this negotiation, the parties understand that if they fail to reach a settlement, the award will be rendered determining the dispute.
Conciliation: Similar to mediation except that in this case the designated neutral may take a greater role is suggesting solutions to bring about a resolution of the dispute.
Neutral Evaluation: The neutral proceeds initially as in mediation. However, as the neutral gains a fuller understanding of the issues and interests of the parties, he or she will offer an opinion as to how those issues and interest may be resolved. Often, the parties will commit in advance, or during a mediation process, that the neutrals evaluation will be accepted by the parties as binding.
Arbitration: The designated neutral is empowered by the parties to conduct a private trial, adhering in varying degrees to the rules of evidence and the law of the selected jurisdiction, to hear and determine the respective rights of the parties. In such cases there are very limited rights to vacate the award or to appeal.
Ombuds: A designated neutral is appointed, usually by a company, agency, association or organization, to fill an ongoing role of being available to associated individuals or departments to resolve conflicts and grievances that might otherwise become ongoing problems or disputes. The objective is to "nip the dispute in the bud," privately and informally, before they create larger probems within the organization.
Settlement Counsel: In the course of litigation, it is common that the trial counsel representing one or more parties are deeply involved and committed, both in their mindsets and in the allocation of their resources, serving as a "War Department" to striving zealously for total victory at a trial. In such cases, parties may find it useful to engage Graff Dispute Resolution to serve as a "State Department." When engaged in this capacity, our principals are decidedly not neutral. However, they proceed with firm diplomacy to achieve a negotiates settlement. The adversary is informed that, while trial counsel are engaged in the prosecution or defense of the action, there is a representative available, as Settlement Counsel, to engage in negotiation that may lead to settlement of some or all of the issues in dispute.
Collaborative Law: In an emerging form of legal representation, known as collaborative law, each party to a dispute agrees that they wish a negotiated resolution and strongly prefer not to litigate. In such cases they engage a lawyer that is skilled in the negotiation of such matters, but each lawyer agrees, in advance and in writing, not to represent their client if negotiation fails and the matter proceeds to litigation. The idea is that the incentive to achieve a negotiated settlement is enhanced. Our staff is available to serve as collaborative lawyers.