As I have mentioned in previous posts taking your case to trial is not only time consuming, stressful, and expensive, but may not be the best method for resolving your dispute.  Increasingly courts are supporting alternative dispute resolution (“ADR”) programs and even introducing court sponsored ADR programs.  For instance, in Maricopa County if your case is filed in the Superior Court and the amount in dispute is less than $50,000 you will be required to participate in court-sponsored arbitration.  While this arbitration is non-binding in the sense that you can appeal the arbitor’s decision, in many instances arbitration turns out to be a time saving, money saving, way to resolve your dispute.

     The Arizona State Bar’s website provides additional information on ADR and how it can help you resolve your dispute.  The Arizona State Bar’s website is located at www.azbar.org.  Below are a few of the descriptions of various ADR programs found on the state bar’s website:

Negotiation
This is a direct method of communicating and resolving a problem. Parties or their representatives, who may be attorneys, talk directly with each other. The negotiators look for a way to satisfy the needs of the parties experiencing the problem.

Mediation
This problem-solving option uses a neutral person, the mediator, to guide the discussion of ways to solve the problem. The mediator does not make decisions, but helps with developing workable and effective solutions with the parties. People can use mediators on their own or with the advice or assistance of an attorney. Some mediators are attorneys; some have training in other professions. Their skill is in helping people explore the real issues in conflict and what actions would resolve the problem.

Neutral Evaluation
When complex issues are involved, it may be helpful for people (both attorneys and clients) to have a neutral expert listen to the facts. The expert can then provide a realistic appraisal of what the case may be worth (in money and time) and various ways of finding a solution. The evaluator is someone with experience and knowledge of the subject matter of the case.

Mini-Trials and Private Judging
This is a private process in which both sides in a dispute agree on an individual, or panel of experts, who will judge the case. A “verdict” can be binding if the parties agree, or it can simply provide information that helps them with deciding on the best solution for their problem.

Summary Jury Trials
This shorter, less formal type of court trial is usually used in very complicated cases only. The jury renders an opinion that can be binding if the parties agree, or it can simply provide information that helps them settle their case. This process and verdict help the parties and their lawyers by giving them an idea of how a jury might decide the case if it went to trial. This option is only available for cases that are filed with the court.

Shortrials

This is another short, less formal type of court trial that it generally used for fairly uncomplicated cases. A jury of four renders a verdict that is binding with no right of appeal. As with summary jury trials, this option is only available for cases that are filed with the court.

Settlement Conference
This option uses a court official to help the parties settle the case. Any time before a regular jury trial, many judges, lawyers, and parties request a settlement conference to give everyone a chance to avoid going to trial.

Arbitration
This option involves presenting a case to a neutral person who makes a decision. As in a regular public court trial, the control of the case is with somebody else instead of the parties with the legal problem. Arbitration takes many forms, and is usually binding. Court-ordered arbitration however, can be appealed. State law and local court rules provide for mandatory arbitration of small cases.

Making the Results of ADR Binding

Many people worry that if they use an alternative to a court process they can’t force the other side to comply with the solution. This is not true! The parties involved can agree in advance to turn the solution of the problem into a legal contract or court order. The dispute resolution service provider, or a lawyer can help in this process.

Finding a Provider of Dispute Resolution Alternatives

Your attorney can help you determine if alternative dispute resolution is best for your case and can point you in the right direction. You can also look in the Yellow Pages or contact the agencies listed below and ask about Mediation Services.

      I haven’t provided any new postings lately largely due to the fact that my law office was undergoing a name change and a corresponding change to the website.  The Law Office of John N. Skiba, PLLC is now known as the Skiba Law Group, PLC.  This change in name reflects my plans to continue to add excellent attorneys to better serve clients with their various legal needs.

     The new logo and website, which is still located at www.skibalaw.com , were custom designed for the firm by Scorpion Design based out of Valencia, California.  They did a great job and were great to work with.  It is my goal to provide a website that is more interactive and can answer some of the more routine questions you may have prior to even contacting my office.  As always I would be happy to meet with you and discuss your case in more detail.

     For existing clients you may have noticed a new voice when you call the office.  Our new receptionist is Rachell Rowell and we are glad to have her on board.  My legal assitant Kelyn Younger is still there to clients with any questions.