WHAT ARE ALTERNATIVE RESOLUTIONS?

When a law suit is brought forth, our minds typically focus on the financial or time consuming burden that this puts on either party. Many people get overwhelmed with the thought of having to go to trial or the hours and paperwork needed to argue their case. The attorneys at McDonald Law Group understand the frustration and difficulties that this can have on someone. The attorneys use alternative resolution programs that help reduce court costs and in some cases, avoid going to trial. Some different types of resolution programs are through mediation, arbitration, settlement conferences, and Nevada has a short trial program which cut court costs.

In mediation, an impartial person called a “mediator” helps the parties try to reach a mutually acceptable resolution of the dispute. The mediator does not decide the dispute but helps the parties communicate so they can try to settle the dispute themselves. Mediation leaves control of the outcome with the parties. Mediation may be particularly useful when parties have a relationship they want to preserve.

In arbitration, a neutral person called an “arbitrator” hears arguments and evidence from each side and then decides the outcome of the dispute. Arbitration may be either “binding” or “nonbinding.” Binding arbitration means that the parties waive their right to a trial and agree to accept the arbitrator’s decision as final. Generally, there is no right to appeal an arbitrator’s decision. Nonbinding arbitration means that the parties are free to request a trial if they do not accept the arbitrator’s decision. Arbitration is best for cases where the parties want another person to decide the outcome of their dispute for them but would like to avoid the formality, time, and expense of a trial.

Settlement conferences may be either mandatory or voluntary. In both types of settlement conferences, the parties and their attorneys meet with a judge or a neutral person called a “settlement officer” to discuss possible settlement of their dispute. The judge or settlement officer does not make a decision in the case but assists the parties in evaluating the strengths and weaknesses of the case and in negotiating a settlement. Settlement conferences are appropriate in any case where settlement is an option.

In Nevada, we have a Short Trial Program which is a substantive program providing expedited civil trials through procedures designed to control the length of the trial, including, without limitation, restrictions on discovery, the use of smaller juries, and time limits for presentation of evidence. This program is an alternative to civil litigation that can take months to years to resolve.

We are confident that we can help you manage your legal needs in a cost-effective manner.  Please call us at (702) 448-4962 for a free consultation. This information is provided for informational purposes only. It is not legal advice and does not constitute an attorney client relationship.