Alternative Dispute Resolution

Resolution Without a Trial

Weinberg Wheeler Hudgins Gunn & Dial’s Alternative Dispute Resolution (ADR) Practice Group understands that some civil cases are best resolved without a courtroom trial. ADR occurs without a judge or jury, and instead relies upon the services of a third party, trained in alternative forms of dispute resolution, who facilitates settlement discussions and strategies on behalf of the opposing parties or who makes a binding ruling if the parties consent to the same.

The firm’s experience in complex commercial litigation and personal injury cases allows the Group’s attorneys to advise clients on whether a trial or alternative form of resolution is more beneficial. An alternative to trial may be advisable in a broad spectrum of civil disputes, which may include personal injuries, commercial disputes, construction disputes or professional liability.

We can provide legal counsel in every forum for resolving civil disputes, including:

Facilitation

• Members of the Alternative Dispute Resolution Practice Group can serve as neutral moderators to encourage--facilitate settlement between parties. Our attorneys seek to build on common grounds for discussion, and provide a knowledgeable third-party perspective to reach a fair and agreeable resolution. 

Mediation

• After the parties to the dispute present their respective positions, one or more neutral mediators will submit non-binding settlement value if the parties request the same. Moderators can provide an objective view of the strengths and weaknesses of each party’s position. This can be the basis for a formal resolution that is acceptable to both parties in the dispute.

Arbitration

• This is the most well-known and traditional alternative to courtroom litigation. One or more arbitrators, chosen by mutual consent, hear and decide the dispute. The process typically allows the parties to exchange far less information than would be revealed in the discovery process preceding a civil trial. The decision in an arbitrated case is legally binding.

Mini-Trials

• These structured negotiations require each party to exchange information in the form of documents, interviews and depositions before the session. Typically, attorneys will present the case in a summary fashion. Moderators and senior management of both sides serve as judge --

Advantages of Avoiding Litigation

Prior to engaging in ADR, we evaluate the particular dispute and advise on the appropriate forum. Depending on the case, our attorneys can offer corporate clients advantages in economy, privacy and convenience by:

• Significantly reducing the time spent in discovery and on hearings by strictly defining the information to be exchanged. The case can proceed smoothly because the firm includes attorneys who are knowledgeable in virtually every category of corporate litigation.
• Helping to safeguard our clients' privacy by taking the case out of the courtroom setting, through the use of appropriate ADR processes. Civil trials are open to the public and documents involved in civil litigation are public records.
• Arranging for proceedings at locations and times convenient for our clients. Proceedings can be held at any mutually agreeable location, anywhere in the country, including all WWHGD's law offices. Times can be scheduled without dependence on a court docket where cases can linger at great expense to the parties.