Legal professionals, what's one example of how you've used alternative dispute resolution to effectively resolve a conflict outside of court?

There are many ways in which alternate dispute can be used to resolve a conflict outside of the regular court process. As a mediator/arbitrator of franchise disputes, and a former franchise lawyer for 40 years, I frequently remind lawyers that they should plan ahead for possible disputes and the most practical ways of dealing with those disputes. The most effective procedure for resolving disputes out of court is to include where possible alternate dispute resolution provisions in written agreements, policy manuals, employment contracts, consumer contracts or the like. These can take the form of mandatory negotiation, mediation and/or arbitration. They can also include ombuds procedures in the case of larger institutions like banks or insurance companies. The key objective in all of these situations is to provide an opportunity for the parties and their lawyers to engage in a more effective, timely, inexpensive and confidential process to reach a resolution without having the get involved in lengthy , costly and time consuming litigation. A win-win result for all involved.

As a Divorce Mediator, I use A.D.R. every day with clients. Helping clients reach agreements they believe are good for they and their children is powerful, as they are the ones you have to live the agreements once out of the court system. These agreements are complied with more often than those being forced upon them and others telling them what to do. They are buying into these agreements and walking away from the process much better than if they had litigated.

Collaborative divorce is an alternative dispute resolution method particularly adept in managing the complexities and sensitivities associated with divorce and family disputes. It is a voluntary process where both parties commit to resolving their issues without litigation. Each spouse retains a collaboratively trained attorney, and together with a financial neutral and a mental health neutral, they work towards resolving all the issues related to their unique family. One of the most significant benefits of collaborative divorce is its ability to preserve relationships. Traditional litigation often exacerbates conflicts and leads to adversarial interactions, which can be especially detrimental when children are involved. Collaborative divorce fosters a cooperative environment where both parties work together to find solutions, minimizing animosity and promoting healthier post-divorce relationships. Collaborative divorce places a strong emphasis on the well-being of the entire family. The mental health neutral works with the parents to ensure that the parenting plan prioritize the children's needs. This helps reduce the emotional impact of divorce on children and supports a stable environment for them. These professionals also help the spouses manage their emotions, facilitate communication, and ensure that both parties feel heard and respected. In collaborative divorce, the parties retain control over the decision-making process rather than leaving it in the hands of a judge. This empowerment allows for creative and customized solutions tailored to the family's unique circumstances. Both parties are more likely to adhere to agreements they have actively shaped and agreed upon. Collaborative divorce is often more cost-effective and quicker than traditional litigation. The process is designed to streamline negotiations and avoid the prolonged and costly battles typical in court. Collaborative divorce is a powerful example of how ADR can effectively resolve family conflicts outside of court. By fostering cooperation, preserving relationships, prioritizing children's needs, and maintaining confidentiality, it offers a humane and practical alternative to traditional litigation. I have witnessed firsthand the transformative impact of collaborative divorce on families, empowering them to navigate divorce with dignity and respect, and ultimately fostering more positive outcomes for all involved.

One case that comes to mind where we got a potential lawsuit settled within a week of me contacting the opposing side was an employment discrimination case. The first settlement letter addressed to the employer had the typical facts and statements you would include to reach an agreement without involving litigation. The goal of these types of letters is to demonstrate the employer's error and potential liability should we have to go to court. Their response was also typical, it attempted to rebut our version of events and solidify that there was no liability. Luckily for me, however, my client had a response for every single argument from opposing counsel, showing they had a clear command of the facts and ultimately the law on their side. After that letter, the next response from opposing counsel was them accepting our settlement offer. I learned from that if your client has the facts on their side and can articulate them confidently, and clearly (and if the opposing counsel has any sense of risk-management) it's certainly possible to get an agreement that saves both time, money, and energy for all parties. Moral of the story: If you're confident in your client and case, alternative dispute resolution is always good first step before pulling the trigger on litigation.

There are a number of matters I could share, but one of my favorites involved a dispute between a world-wide operator of gymnasiums and a supplier of used gym equipment. The relationship was a new one and problems had arisen early on. We went back and forth for a bit. It became clear to me that the issues arose due to a lack of communication. I requested that the attorneys permit me to meet in a room with just their clients; they approved. Before that meeting took place, I got together with the supplier and suggested that he give a substantial credit to the operator, but limit usage of the credit to 10% of each invoice. The idea was accepted, first by the supplier, then by both parties in the joint session. I have not been in touch recently, but last I heard, the two entities did business with each other over a number of years.

Mediation rooted in Compassion, Kindness and Understanding Can you imagine sitting in a mediation session across from your soon to be ex-spouse and feel compassion, kindness and understanding rather than anger, judgment and resentment? Those are probably not the first feelings that come to mind when you’re contemplating divorce. As a recovering family law litigator, I witnessed and, unfortunately, participated in the brutal win-lose mentality of a traditional litigated divorce where the common thinking is one side is right and the other is wrong. Mediation, a form of alternative dispute resolution, is a confidential process. What is said in mediation stays in mediation. The mediator is a neutral, representing neither spouse. This guarantee of confidentiality creates a safe space for couples to discuss the issues of their divorce and listen to what is important to each of them without the battle armor of litigation. I have worked with hundreds of couples helping them reach mediated marital settlement agreements. Couples who choose mediation don’t want to incur the expense of hiring litigation attorneys to prepare a case to go to court to be decided by a judge, a person who does not know them or their family’s needs. Couples who choose mediation want to control the outcome of their divorce process and pave the way for their life after divorce, financially and emotionally, which is the exact result achieved in mediation. In my mediation work with couples, couples learn how to listen to each other speak about what is important to them. An almost magical shift happens and kindness, compassion and understanding for the other spouse leads to creating an agreement that resolves all issues to the benefit of both spouses. Sounds too good to be true? At the end of a recent successful mediation session regarding division of the wife’s retirement account, the wife commented to me: “Thank you for navigating us through what I believe was the most challenging part of the mediation process. I greatly appreciate how you put everything in perspective for us in a fair and unbiased manner. The outcome ensures both of us are well prepared for the future. We truly are fortunate to have you as our guide through this journey”. L.S. In my experience, the benefits of mediation rooted in kindness, compassion and understanding have a ripple effect on the children, the extended family, the workplace and the community.

I use mediation daily to help divorcing couples stay out of court. Mediation helps them understand themselves and each other, and it helps them focus on problem-solving rather than blame. Because this is a non-adversarial process, they can go about the business of transitioning from one household to two -- and they can often change their relationship to one of being cordial co-parents. One couple I worked with struggled because while they were divorcing, they were dealing with a teenager who had intense medical needs. Because they were mediating, they were able to keep lines of communication open. There were times when their conversations became quite intense, and there were times when we went for months without meeting because they were dealing with emergencies. They knew the strengths and weaknesses of their family, and they knew what their children needed. We got through it together. Now they are divorced, but they are great co-parents and their children are healthy. I don't think a court could have dealt with it any better than we did - in fact, the adversarial nature of court would have made their situation much more difficult for all involved.

We regularly engage in private mediation to resolve our cases out of court. We find them to be a valuable tool to preview the strengths (and possibly weaknesses) of our case. We use seasoned professionals who we trust to provide us with valuable and candid feedback about the realities of litigating our disputes, so we can make informed decisions about whether to resolve it outside of court

Our firm is currently implementing a new way to divorce, called Amicable Divorce. This approach helps couples settle their issues before filing any paperwork with the court. It's a great way for couples to minimize conflict and reduce costs. We use technology to empower clients and reduce lawyer involvement with certain parts of the divorce process. The clients still hire vetted, experienced attorneys to guide them through potential conflicts, obstacles, and negotiations, but everyone's goal is settlement without court. I'm excited about the positive impact this process will have on the future of divorce.

I find that using mediation and arbitration helps efficiently resolve conflicts that often pop up over things like commission rates. These methods, known as Alternative Dispute Resolution (ADR), are cheaper and quicker than going to court. Mediation involves a neutral third party to help negotiate a solution, while arbitration involves a decision from a third party, which is quicker than usual legal processes. Both strategies maintain good relationships and keep business running smoothly.