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A pragmatic attorney with the skill and experience to get the job done.

Resolving Disputes And Finding Solutions Using An Alternative Path

Parties who find themselves in the midst of a dispute would often prefer to use an efficient resolution that still protects their interests rather than going through the court system. In addition, many contracts contain provisions that require the resolution of a dispute through a method other than litigation.

When parties to a dispute prefer to reach a resolution faster and at a fraction of the cost of litigation, they turn to alternative dispute resolution (ADR). Unless a contract defines the method to resolve a dispute, ADR provides many options to consider.

The team at The Weir Law Firm, LLC, knows how to assist clients through the ADR process. Attorney Bonnie Weir is a trained family mediator, prepared to assist you through the process. With over 30 years of experience across multiple legal areas, she represents individuals and companies in Bridgewater and throughout New Jersey as an advocate, as well as helping parties find a resolution as a neutral. She uses her skills and experience to minimize the time and expense involved in resolving your business dispute so you can focus on running your business.

What Types Of ADR Are Available?

The most common forms of ADR include:

  • Negotiation – Although nearly every legal dispute employs negotiation tactics in the hope of settling a case, technically, negotiation is a form of ADR. Settling your case outside of court allows you to forego litigation and can happen at any point in the process.
  • Mediation – Mediation is a more formalized way of negotiating a settlement. The main difference is that it relies on a neutral third-party – a mediator – who facilitates the discussions directly with the party and with the assistance of your attorney who is there to guide you. When used correctly, mediation can lead to a satisfactory outcome for both sides and avoid the cost of litigation.
  • Arbitration – The most formal setting of ADR, arbitration can be binding or nonbinding on the parties, depending on the circumstances. Arbitration is almost like a mini-trial, with the arbitrator reviewing the case from both sides and making a decision. The benefit is that arbitration is much quicker and less expensive than litigation.

Bonnie Weir has the knowledge to resolve a dispute in your best interests through ADR. Whether you choose to negotiate, mediate, arbitrate or use any of the other methods available, Bonnie will employ creative options in bringing your dispute to a resolution. When you are actively involved, the results are generally faster and so much more satisfying than proceeding through a trial that leaves everything up to a judge or jury.

Even if alternate dispute resolution options do not result in a resolution and litigation commences, the courts provide many opportunities for parties to use some of the options to bring you closer to settling your case.

What Happens If We Cannot Reach An Agreement Through Mediation Or Negotiation?

Not every ADR session ends in a signed agreement, and that does not close off all remaining options. If mediation or negotiation does not produce a resolution, the parties can move to a more structured process such as arbitration or proceed to litigation if that becomes necessary. Courts also build in additional settlement opportunities throughout the litigation process, so the door to resolution stays open even after formal proceedings begin. Issues that get narrowed during earlier ADR sessions often shorten the path to a final outcome regardless of how the process ends.

What Is The Difference Between Binding And Nonbinding Arbitration?

Binding arbitration ends with a decision that carries the force of a court judgment. Once the arbitrator rules, the parties are bound by that outcome and have very few grounds to challenge it. Nonbinding arbitration works differently. The arbitrator still reviews the dispute and issues a decision, but either party can walk away from it. Some parties use nonbinding arbitration to get an outside read on the strength of their position before committing to a settlement or pushing forward. The type that applies to a given dispute depends on what the contract specifies or what the parties agree to going in.

Do I Still Need My Own Lawyer If We Use A Neutral Mediator?

Yes. A mediator is neutral. Their role is to facilitate discussion, not to represent either side or give legal advice. Having your own attorney means someone is reviewing proposed terms with your interests in mind, advising you on whether a settlement makes sense and helping you understand what you are committing to before anything is signed. I represent clients as advocates in mediation and can help you prepare for the process and evaluate any offers that come out of it.

Can Alternative Dispute Resolution Be Used For Both Commercial And Family Law Matters?

Yes. ADR applies across a wide range of legal matters. On the commercial side, it is used regularly in contract disputes, business partnership disagreements, vendor conflicts and employment matters. In family law, mediation is a common tool for resolving divorce, asset division, custody and support issues. I am a trained family mediator and also handle commercial ADR proceedings, so I can assist on whichever side your matter falls.

Am I Legally Required To Use Alternative Dispute Resolution?

It depends on your contract and your circumstances. Many commercial agreements include clauses requiring the parties to attempt mediation or arbitration before filing a lawsuit. If your contract contains that kind of provision, you may be obligated to follow it first. New Jersey courts also refer certain cases to mediation as part of the litigation process. Where ADR is not required, it is still often worth exploring as an option. Reviewing your contract and the specifics of your dispute is the best way to know what applies to your situation.

Find Out More About Alternate Dispute Resolution Options Today

To discover if ADR could work for you, contact The Weir Law Firm, LLC, today. You can call the office at 908-333-4002 or send an email to schedule an appointment. Existing clients please call 908-575-0185.