Alternative Dispute Resolution Options
Feb. 10, 2023
When two or more parties are involved in a business transaction or contract, disputes may occur due to a disagreement, breach of contract, or other reasons. Fortunately, it is possible to resolve business disputes amicably and without going to court. A seasoned Texas business law attorney can educate you about your various options for alternative dispute resolution when involved in a business dispute or disagreement.
The Parzivand Law Firm, PLLC, enjoys providing legal guidance and advocacy to clients in alternative dispute resolution matters, including mediation, arbitration, and med-arb. Attorney Hessam Parzivand is available to discuss your personal situation and inform you about the right litigation alternatives to pursue your circumstances. The firm proudly serves clients across Stafford, Sugar Land, and Fort Bend County, Texas.
What is Alternative Dispute Resolution (ADR)?
Alternative Dispute Resolution (ADR) refers to various means through which parties involved in a dispute can employ to settle such matters without going to court. Some of the most common litigation alternatives that are often utilized include:
Unlike litigation or going to trial, alternative dispute resolution methods can help settle business disputes in a peaceful, confidential, and amicable manner.
What are the Benefits of ADR?
Here are some benefits of settling disputes through alternative dispute resolution methods:
ADR allows you to pursue a faster and more efficient way to resolve disputes.
They are flexible and help eliminate stress.
ADR methods can help save time and cost.
The parties involved in the dispute are able to reach a feasible compromise.
Disputing parties can achieve more satisfaction once the business disputes are resolved.
With alternative dispute resolution, the needs of every party involved will be taken into consideration.
It helps preserve existing relationships once disputes are resolved.
Also, the confidentiality and privacy of all disputing parties will be maintained.
If you’re involved in a business dispute and want to seek an alternative dispute resolution, you should reach out to a reliable commercial dispute lawyer straightaway. Your legal counsel can explore your possible ADR options and enlighten you about the benefits, drawbacks, and processes involved.
What is Mediation?
Mediation is an alternative dispute resolution method that requires the disputing parties to meet, identify and discuss the disagreements, and, hopefully, achieve a fair resolution – with the guidance of a neutral third party. The mediation attorney or mediator will facilitate the negotiations and help them reach a feasible compromise.
The Mediation Process
Additionally, mediation is quite flexible and takes the concerns of everyone into consideration. Here are the steps involved in a typical mediation:
All the disputing parties will meet together with the mediator to discuss the issues.
The mediator will allow all participants to introduce themselves and explain the procedure.
The mediator will encourage everyone to remain professional and civil, and not to interrupt when someone else is speaking.
There will be a separate room for each party to have a private session with the mediator.
Each party will explain the dispute from their perspective and state their position.
The mediator will ask the parties to consider the other party’s concerns and then make an offer or counter-offer.
However, it is not the mediator’s job to determine who is right or wrong. Once a fair resolution has been reached, the mediator will carefully document all the agreed-upon terms. Each party will sign and then present the document to the Texas court for official approval. A seasoned mediation lawyer or mediator can help facilitate the negotiations and keep the conversation productive and on track.
What is Arbitration?
Arbitration is an alternative dispute resolution method that requires the disputing parties to collect and submit testimony and evidence to the arbitrator(s). The arbitrator or panel of arbitrators will review every available evidence and facts and help determine the best possible resolution for the business dispute.
The Arbitration Process
A typical arbitration may involve the steps below:
One of the disputing parties (the claimant) will initiate the arbitration process by filing a statement of claim highlighting the relevant facts of the dispute.
The other party or parties (the respondent) will respond to the arbitration claim.
The panel of arbitrators will schedule a date to hear the case and exchange relevant information and documents.
During the hearing, the parties involved in the dispute will present evidence and arguments to support their claims to the arbitrators.
At the end of the hearing, the arbitrators will evaluate the available evidence and case details, deliberate, and give a written decision (award).
A reliable lawyer can prepare you for the arbitration hearing and advocate for your best interests.
What is Med-Arb?
Med-Arb can be described as the combination of both mediation and arbitration. In med-arb, the disputing parties will first pursue mediation to reach a feasible resolution or settlement agreement. However, in the event that they reach a standoff or impasse on certain matters – a state where there is no progress – an arbitrator will be called upon to help resolve any other unsettled disputes.
Speak With an Experienced Attorney
In Texas, many parties involved in business disputes have been able to reach partial or complete agreements through alternative dispute resolution methods. However, understanding the benefits, process, and limitations of each ADR option is crucial to help you make informed decisions.
With more than ten years of extensive experience, Attorney Hessam Parzivand has the diligence and expertise to advise and direct clients through the complicated procedures involved in resolving business disputes. Whether you want to pursue mediation, arbitration, med-arb, or other ADR methods, Hessam can guide you through the process, help protect your best interests, and achieve the most favorable outcome for your future.
Contact The Parzivand Law Firm, PLLC, today to speak with a reliable business dispute lawyer. Attorney Hessam Parzivand can help you understand your different dispute resolution options and determine the right one to pursue. The firm proudly serves clients across Stafford, Sugar Land, and Fort Bend County, Texas.