Practices

 

 

 

 

 

 

 

                                          

ADR – ALTERNATIVE DISPUTE RESOLUTION

The ADR methods include three main different procedure: negotiation, conciliation/mediation and arbitration; all the other methods for dispute resolutions that can be find in legal practice have reference to one of these proceedings and can be considered as a variation or combination of the same praxis.

ADR procedures are headed for allowing the involved parts, with large time and money savings, and through the use of informal and secretive prosecutions, to obtain an argument’s consensual negotiation permitting, when necessary, the on-going of the business between them.

Unlike in the ordinary ruling, where the judge, assuming a dispute between the parts, enforces fixed rules in order to sentence or discharge them ending the arguments with a binding decision, the Alternative Dispute Resolutions methods  focus on the parts specific concerns regardless of the legal rights, aiming for the most efficient solution.

The litigation arrangement through ADR methods disregards the positions taken by the parties, forced by the legal instance,  driving them to the resolution of the engagement.

We can say that if the conflict has destructive and creative components the ordinary judgment  emphasizes the first, the ADR improves the second one.

Negotiation – the parties entirely manage the dispute ruling and determine its solution.

Conciliation -  the parties entirely manage the dispute ruling helped by a neutral third part.

Arbitration – is a formal procedure involving a judge titled for a binding submission for both parties.  

Our attorneys work with clients to tailor an ADR agreement to the specific requirements of a particular transaction or dispute, represent clients in individually tailored ADR proceedings, and act as neutrals in ADR procedures.  Firm attorneys also act as settlement counsel for clients in connection with disputes for which we are not litigation counsel.  We assist clients in framing and evaluating settlement options and ADR procedures for facilitating settlement.