At Mirick, we are committed to economical and innovative approaches to dispute resolution. Alternative Dispute Resolution (ADR) is a cost-effective substitute to traditional litigation as it offers a means of settling disputes outside of the courtroom. The ADR process is private, efficient, neutral, and fair.
Clients are best served when they are given the opportunity to choose the most appropriate means of resolving their dispute from an array of available options.
Services Outside the Courtroom
Mirick’s skilled ADR attorneys understand the relevant laws that govern your specific dispute, and we have decades of experience resolving conflicts in partnership with our clients. All of our ADR lawyers are experienced trial lawyers with specialized ADR training to complement their trial skills and legal expertise.
Mediation Services
Mediation is a voluntary ADR process in which a neutral third party known as a mediator assists the parties in reaching a mutually acceptable resolution of the parties’ conflict. Mediation is especially suitable to diffuse emotions and resolve potentially volatile disputes in a calm and private environment. Mediation also permits the parties to arrive at creative solutions to their disputes that would otherwise not be possible in contested litigation. Parties to mediation are encouraged to have legal counsel represent them through the process.
Conciliation
Conciliation is a process very similar to mediation. The difference is the Conciliator is evaluating the strengths of your case, keeping in mind the judge the matter is pending before. Mirick Family Law attorneys are often appointed at various probate courts to serve as a Conciliator to assist the courts in complex and emotional matters to bring these cases to resolution. It is far more cost-effective than going forward with a trial.
Case Evaluation
Case Evaluation is a confidential ADR process in which a trial lawyer experienced in the particular issues to be resolved advises one party on the likely case result if the case is tried. Case Evaluation provides neutral assessment of a range of settlement options. It offers a party the unbiased reality check that may be necessary to reach settlement.
Special Master Services
A Special Master resolves discrete disputed matters during litigation. A Special Master is court-appointed, usually at the parties’ request, and efficiently resolves preliminary issues that may require expertise or attention otherwise not available to the court, such as examination of voluminous documents.
Arbitration Services
Arbitration is a private trial that is less formal than a courtroom setting. In arbitration, the parties select a neutral third party known as an Arbitrator to hear arguments from both sides related to the conflict. Unlike in mediation, the Arbitrator is empowered to issue a decision called an award. The parties control the process entirely, setting their arbitration rules by agreement. They generally waive rights of appeal, knowing that, with few exceptions for bias or for other impropriety, their dispute will end with the arbitration award. As with mediation, the parties are encouraged to have counsel present during arbitration.
Mirick offers ADR consultations in any of our three offices or in other locations by agreement of the parties.
