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Alternative Dispute Resolution Options

Coppaken Law Firm  Sept. 15, 2023

Navigating business litigation and commercial lawsuits in Kansas usually involves a lot of resources, time, and stress. Fortunately, alternative dispute resolution (ADR) options—such as arbitration and mediation—allow two or more parties, businesses, or entities involved in a dispute to achieve a peaceful and productive resolution without going to trial.

However, understanding the benefits, processes, and limitations of each ADR option is imperative to determine the right one to pursue. 

At Coppaken Law Firm, we’re committed to offering outstanding legal services and guiding clients in business dispute resolution matters. Our seasoned Kansas business law attorney is available to discuss your unique circumstances and determine the appropriate ADR option to help resolve your business dispute amicably. We proudly serve clients across Overland Park, Kansas, Kansas City, Missouri, and throughout Johnson County and Jackson County. 

What Is Alternative Dispute Resolution (ADR)?

Alternative Dispute Resolution (ADR) involves various methods (excluding litigation) used in settling business disputes or disagreements between two or more parties or entities. Some common examples of ADR include: 

  • Neutral evaluation 

  • Mediation 

  • Arbitration 

  • Negotiation 

  • Conciliation 

  • Transaction 

Unlike litigation or going to court, these alternative dispute resolution methods can be used to settle business disputes peacefully, productively, and amicably. 

What Are the Benefits of ADR?

Here are some advantages of settling business disputes using an ADR method: 

  • Helps settle disputes quickly and efficiently. 

  • Helps save time and costs. 

  • Offers flexibility and can help reduce or eliminate stress. 

  • Helps settle disputes while preserving existing business or professional relationships. 

  • Takes the concerns and needs of every party into consideration. 

  • Maintains the confidentiality and privacy of all disputing parties. 

  • Allows the disputing parties to achieve a feasible resolution and satisfactory outcome.

If you’re involved in a business dispute and thinking about using an alternative dispute resolution method to resolve the disagreement, you should reach out to a dependable business law attorney right away. Your lawyer can advise you about the various litigation alternatives that are available to you and help you navigate crucial decisions. 

What Is Mediation?

Mediation is an alternative dispute resolution that requires the disputing parties to meet with a mediator or mediation attorney in order to discuss the issue and attempt to reach a feasible settlement. 

During mediation, the disputing parties will meet with the mediator to discuss the issues. All participants will introduce themselves, and the mediator will explain how the mediation process works. All participants will be advised to remain respectful and professional throughout the process. 

Each person will explain the dispute from their own perspective and state their position. Also, a private session will be organized with the mediator in a separate room. The mediator will ask the parties to propose a reasonable settlement offer or counteroffer while taking the other party’s position into consideration. 

Generally, mediation might take a couple of hours, days, or even weeks. Upon reaching a voluntary resolution, all terms agreed upon will be properly documented, signed, and submitted to the court for official approval. 

What Is Arbitration?

Arbitration is an alternative dispute resolution method that involves submitting evidence and testimonies to one or more qualified arbitrators (panel of arbitrators). The arbitrators will help resolve the disputes and make a decision. 

To start the arbitration process, one of the parties involved in the dispute (the claimant) will file a statement of claim describing the facts of the dispute. Also, the other party or parties (the respondent) must respond to the arbitration claim. The arbitrators will then fix a date for the arbitration hearing. 

At the arbitration hearing, the arbitrators and all participants will be introduced, and the arbitrators will explain the process. Each participant will be called upon to clarify the dispute from their perspective. Also, the participants will provide evidence and witness statements. You can also make arguments in support of your claims, state your position, and propose a feasible resolution. 

Furthermore, the panel of arbitrators will meet to evaluate the provided evidence, witness statements, and arguments. A final decision or award will be issued once all factors have been considered. A reliable lawyer can help you prepare accordingly, guide you through the legal proceedings involved, and enlighten you about other ARD options. 

What Is Med-Arb?

As the name implies, med-arb involves a combination of mediation and arbitration. When settling business disputes through mediation, the disputing parties will first seek mediation to settle some of the disagreements. Once they reach a standoff or impasse on specific matters, the disputing parties can pursue arbitration to help settle any unresolved business dispute. 

Let Us Make It Easier

When involved in a business dispute, getting proper guidance is crucial to protect your rights and navigate key decisions. At Coppaken Law Firm, we have the diligence and expertise to advise and guide clients through the complex procedures involved in alternative dispute resolutions. Whether you’re seeking mediation, arbitration, med-arb, or other ADR methods to resolve your business dispute, we can offer you the reliable advocacy you need and help protect your best interests. 

Contact us at Coppaken Law Firm today to schedule an initial consultation with experienced business law attorneys. Our dedicated legal team can offer you the personalized legal counsel you need to make informed decisions when seeking alternative dispute resolution for your business disputes. We proudly serve clients across Overland Park, Kansas, Kansas City, Missouri, and throughout Johnson County and Jackson County.