908-679-5011
The Role of Alternative Dispute Resolution in Commercial Litigation
Few commercial litigation disputes will go to trial. Some cases may be dismissed, while others may be settled. Alternative dispute resolution (ADR) is one way to resolve your commercial litigation case. Your attorney may advise you to consider ADR.
ADR Can Resolve Your Case for Less Money
ADR helps bring the two parties together when they cannot talk on their own effectively. You and the other party may have a dispute that could be conducive to a settlement, but you are having difficulty in negotiations.
ADR Can Help Your Case
In most cases, when two parties voluntarily attempt ADR, there is a high success rate. Even court-ordered ADR is more likely to work.
Your attorney will advise you on your legal options in a commercial litigation case and help you with a strategy in ADR. You need to come prepared for ADR and give your lawyer room to negotiate or help them prepare to present your case.
Mediation Is a Common Form of ADR
Mediation is one way that ADR can play a role in your case. Mediation is non-binding, and during the process, two attorneys are not necessarily speaking directly to each other. They are getting help from a neutral third party (mediator).
There are several ways that mediation can come into play. The judge may order the parties to at least try to mediate their dispute. The court’s time is valuable. Alternatively, the two sides could opt for mediation on their own.
Arbitration Is an Option
Arbitration is another form of ADR that can be used in your case. You may have a contract requiring arbitration or agree to it with the other side.
You may obtain a binding decision from a neutral third party without requiring a lengthy and expensive litigation process. An arbitrator could hear the evidence in your case, and it may not take years or cost the same amount as a trial. Then, they could issue a binding decision in your case that cannot be appealed. You can typically get a decision at a fraction of the cost and more quickly than a court trial. Arbitration could end your case many months sooner.
You should consider ADR in your commercial litigation dispute. ADR has a high success rate, especially when both parties come ready to compromise and settle their case. Both parties must be motivated to resolve the case and willing to do what they can to reach an agreement.
New Jersey Commercial Litigation Attorneys at Herold Law, P.A. Help Business Clients With ADR
If you need help with ADR for your business dispute, contact our New Jersey commercial litigation attorneys at Herold Law, P.A. today. Call us at 908-679-5011 or complete our online form to schedule an initial consultation. Located in Warren, New Jersey, we serve clients in Somerville, Morristown, and across the state.
