Our law office provides a wide variety of dispute resolution and conflict management services to individuals and businesses, that address a variety of dispute types.
Alternative dispute resolution provided a way to resolve disputes normally in quicker, cost-effective manner than long litigation methods.
Mediation is an ADR process where the parties control the outcome of their dispute. The mediation process allows parties to craft unique solutions which may not be open to the court when asking to resolve a dispute. In mediation, neutral third-party tries to help the parties reach a voluntary settlement of their dispute.
The neutral third-party does not make a ruling or judgment on the matter instead the parties control their own fate. In mediation, it reduced the expense of a trial and allows both parties to develop a solution that will be acceptable to all parties without worrying about a judge or jury issuing a ruling which you can not live with.
In arbitration, a neutral third-party hears the parties’ evidence after limited discovery and makes a final, binding decision which is enforceable in court. Arbitration can be a faster resolution to a case where parties can not come to an agreement and are looking to have a neutral third-party rule on the matter. The reason arbitration can be faster is there is limited discovery and no jury, and there are very limited appeal rights.
Arbitration means parties give up the legal right to have a hearing before a judge or jury. Even if the arbitrator’s decision is wrong the parties are normally forced to live with and accept the decision.
Restorative justice is a name for several different types of processes that look to deal with the other issues that the current criminal and civil justice system are not able to properly address. Restorative justice is sometimes said to “provided an entirely different way of thinking about crime and victimization.”
The United Nations defines restorative justice as: “A restorative process is any process in which the victim and the offender and, where appropriate, any other individuals or community members affected by a crime participate together actively in the resolution of matters arising from the crime, generally with the help of a facilitator.“
If you or your family is looking or asked to take place in a restorative justice program it is important to protect your legal rights. Having a skilled lawyer in the restorative process is a critical and important safeguard against due process and human rights violations. Many local schools are now using restorative justice programs to deal with problems in schools. Kalamazoo Public School is just one example.