TOOMEY LEGAL

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Alternative Dispute Resolution

As pressure on the overburdened court system intensifies, and the costs and uncertainty of jury trials increase, more and more businesses are turning to alternative dispute resolution to resolve business and employment disputes. The reality is that the vast majority of cases filed in court never make it to trial. Whether through settlement or dispositive motion, most cases are removed from the docket long before the jury is empanelled. Judges are often seen emphatically encouraging parties to a lawsuit to consider settling their case via some form of alternative dispute resolution, and more and more courthouses are offering mediation and conciliation services. Employers have also recognized the value of avoiding litigation, and have instead turned to private dispute resolution through mandatory arbitration policies.

While there are many who attack the trend toward alternative dispute resolution as an erosion of the public judicial system, and the accountability that results therefrom, the trend appears to be here to stay. Few people question the fact that alternative dispute resolution, or "ADR", is typically faster and cheaper than litigation in the courts. Cases are tried and decisions are often rendered in days or weeks, instead of the years involved in civil litigation. There is no doubt that some matters are better suited for ADR than others, and some types of cases may only be resolved through litigation, but ADR is increasingly the chosen mechanism for concluding business and employment disputes.

In light of this trend, and the increasing variety and complexity of ADR options, it is important to select counsel with knowledge of the ADR scene. Toomey Legal strives to provide its clients with the information and options necessary to choose the best method of dispute resolution on a case-by-case basis. Whether the issue is drafting an enforceable mandatory arbitration provision, choosing the right neutral, or putting your interests forward in the best possible light in an ADR proceeding, Toomey Legal is your solution.