Alternative Dispute Resolution Practice
Applicability of ADR
Alternative Dispute Resolution (ADR) is a group of interactive techniques, such as mediation and arbitration, used for resolving disputes between parties on various issues. ADR methods have been employed in virtually every technological and social area, and it has proven to be quite effective. The key to its success, is its process.
The process requires involvement of a neutral third party, helping participants to communicate, develop ideas and resolve the dispute. Disputes are resolved informally, in full confidence, without any involvement from the court system. Attorneys may accompany the opposing parties, and in most cases can help their clients choose the neutral third party. ADR is generally voluntary, the parties may choose between mediation, arbitration or case evaluation. However, ADR process may be imposed by a contractual agreement or by the court order.
Comprehensive ADR Practice
STEVEN IVY P.C. specializes in application of ADR methods, serving as a third party mediator or as a counsel to one of the parties involved in a dispute. The firm utilizes ADR to resolve a wide range of issues, from common real estate disputes to complex contractual disagreements. We consult our clients about the different types of ADR and their applicable use. In proper circumstances, the firm assist clients with the process of selecting a mediator, and guides them through the actual proceedings. In addition, the firm help clients make informed decisions about contractual agreements containing ADR clauses, and their enforceability.
The hallmark of our practice is personal service. We work closely with our clients to ensure that their interests are properly protected. STEVEN IVY P.C. is servicing clients in several Illinois counties, including: Cook County, Lake County, DuPage County, Kane County, DeKalb County, Will County, McHenry County and Kendall County. Our clients can meet with us in eight Illinois locations, including: Chicago, Lisle, Northbrook, Oak Brook, Rosemont, Saint Charles, Schaumburg, and Warrenville.
In short, ARD methods are known for resolving conflicts much fasters, and with much lower cost, than conflicts that are resolved through a trial, in the court system. The long version of ADR benefits, focuses on seven specific advantages, which include: 1) Neutrality, because ADR can be neutral to the law, language and the local culture; 2) Party autonomy, because the parties have much greater control over the proceedings allowing them to choose a mediator, applicable rules and place of the proceedings; 3) Expert decision maker, because parties typically choose a mediator or arbitrator with proper expertise in the relevant field; 4) Result confidentiality, because ADR proceedings are private; 5) Simplified procedures, because typical administrative court procedures are not followed; 6) Enforceability of awards, because arbitration awards are equal to court judgments; 7) Finality of decisions, because arbitral awards are normally not subject to appeal.
ADR methods are not applicable in every case. In fact, most of them are limited to disputes involving money, not equity. Which means that arbitrators do not have power to order someone to do something, or refrain from doing something. Also, ADR should not be used in cases where the conflicting parties seek to establish a public legal precedent, or where the parties exhibit extremely uncooperative behavior.