Business disputes and legal matters are frequently handled outside the courtroom. In fact, many of these disputes are resolved prior to the initiation of the court process, saving time and money. In a high percentage of business litigation cases, there are alternative dispute resolution (“ADR”) processes that can resolve your legal issues.
Attorney Shane Coons is highly skilled with ADR, including mediation, arbitration, and California’s Judicial Reference system. His extensive experience includes:
Mediation
A common process, mediation involves a neutral party mediator who conducts a meeting or several meetings between disputing parties. The mediator works with parties and helps them come to an enforceable (legal) agreement. Any decision is strictly up to the parties.
Under California law, mediation can be used in all kinds of business and consumer disputes, including contract disputes, environmental issues, insurance, labor-management and governmental agency actions.
In the right circumstances, mediation can be very helpful in resolving many disputes before they get to the point of filing a lawsuit, or in resolving lawsuits before the expense of conducting a trial and the risk of an uncertain result.
Arbitration
Arbitration is a form of ADR where issues and evidence are given to a neutral arbiter, who will issue a decision. That decision can be either binding or non-binding, depending on the agreement of the parties beforehand.
Arbitration tends to move quickly and cost less than a court trial. However, California’s arbitration laws are not as simple as people may think.
Arbitration law in California is very complex, usually involving both state and federal law. California courts have even found that some arbitration clauses are not binding.
Due to its complex nature, it is essential to have an attorney who is well-versed with practicing arbitration law.
Judicial Reference
California law allows a cost-saving procedure called “judicial reference.” Parties involved in a dispute may have part, or all, of their case heard in front of a referee, such as a retired judge, neutral attorney, or non-attorney (i.e. an accountant).
A judicial reference hearing can be held for all or a part of the issues in the case. In addition, the hearing can also be either voluntary or mandatory, depending on the nature of the dispute and any agreements that the parties may have had prior to the dispute.
Judicial reference can save a considerable amount of time and money in many cases. One important differentiator in this ADR process is that once a hearing is finalized, it becomes a judgment of a court, making it eligible for involved parties to appeal.
If you have a legal issue and would like to learn more about an appropriate alternative dispute resolution, contact Shane Coons at (949) 333-0900.