What is ADR or Alternative Dispute Resolution in the context of a San Diego business dispute?  Alternative Dispute Resolution or ADR is a structured process provided by the local courts to allow parties to resolve disputes without having to go to trial, in many cases without even having to file a lawsuit.

ADR or Alternative Dispute Resolution is a cost effective option that allows the parties to eliminate contingent liabilities and resolve legal conflicts in a much more effective and timely manner.  ADR is actually recommended by our local courts, and most Judges will discuss these options in pre-trial and case management conferences.  ADR encompasses mediation, arbitration and “settlement conferences”.

Settlement conferences (voluntary or mandatory) involve a Judge or acting judge and the parties work together to reach an agreement with the judge assisting by identifying the strengths and weaknesses of each position.

Mediation is, in essence, a private, confidential, structured and moderated environment that is designed to help facilitate communications between the parties to resolve differences and foster a settlement.  Arbitration involves a type of hearing before an agreed upon “neutral”, who will hear the facts of the case (much like a trial but with a less constricting set of rules) and render a decision.  Arbitration can be “binding” or “non-binding” but it is intended to provide a resolution by an independent and expert third party.

Pro-Tip: “When you have two people in the beginning, without lawyers talking to each other, either they’re going to solve it or they’re not. And if the “or not” personalities control, then when you have lawyers representing them, you get a better chance of settling. We’re all paying some good money to have someone who’s intelligent and well educated to solve our problems. But those lawyers’ personalities are going to mirror their client’s personalities a little bit, not total control.

Now you bring in former superior court, Judge Jones, and he’s looking at us, the lawyers, and he knows BS when he sees it. And we don’t want him to think that we’re full of BS, just because our clients want us to fight hard. So he’s going to have some control in controlling the lawyers from over-valuing this dispute and from over-posturing, just being aggressive for this sake of impressing our clients.

And he’s going to go back and forth and have the purpose of settlement on his mind, which is what we both want. And a lot of times the thing just won’t settle. I’d say 50% of our cases don’t settle at mediation, but after a good mediation a month or two later, it’ll settle because of the mediation. Some mediators actually call us a month after when we came so close and say, Dan, what can I do? Do you want me to call the other side? I said, yeah, good idea. Call the other side. And then he’ll call the other side. And they’ll their clients have calmed down. They’re relaxed and we’ll settle. We have to get to that 95% somehow. So there’s a lot of different ways using the ADR formula with the court has (Alternative Dispute Resolution systems), using them to your benefit. Understanding them gives you the best result in 95% of the cases, which is how they resolve.” – Dan Watkins, Founding Partner

What is the best option based upon the facts of your case?  ADR or Alternative Dispute Resolution provides several cost-effective and timely alternatives to the lengthy and expensive process of a trial. There are times to hold your ground and go to trial, but in many cases the best alternative is to negotiate a solution.  We invite you to review the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today. Let’s discuss the unique aspects of your case and the many available alternatives to resolve it.