Dispute Resolution: There are two kinds of dispute resolution. The first kind involves an adjudicative process such as litigation or arbitration where the decision is made for the parties by a judge, arbitrator or other judicial officers. The second kind (often called alternative dispute resolution) adopts a more collaborative approach where the parties themselves attempt to achieve a negotiated outcome rather than having one imposed upon them.
There are various kinds of alternative dispute resolution such as court-appointed pre-trial conferences, mediations,
conciliations or agreements achieved after a process of informal negotiation between the parties and/or their lawyers.
The most expensive part of any litigation process is at the backend after close of pleadings, discovery and the like in getting a matter up for trial and the trial itself. We here at LENHOFF & ASSOCIATES use our best endeavours to try and achieve a resolution of matters managed by us on our clients’ behalf without the need for the matter to proceed to trial.
There are numerous compelling reasons why parties in litigious matters have recourse to alternative dispute resolution methods. Some of these are the following:
- The parties achieve certainty and finality by the resolution of the issues outstanding between them without the need to endure a stressful trial;
- An early outcome provides a considerable saving of legal costs and disbursements Often as much as 75% of what it would cost to take a matter to trial is saved by an early settlement;
- The parties can stipulate that any agreement achieved by the use of alternative dispute resolution methods be kept confidential;
- Important business and other relationships are more likely to be maintained. Such relationships are often destroyed by a bitter and protracted trial;
- Time spent preparing for trial and during the trial itself is avoided;
- The outcome is determined by the parties and not imposed by a third party.
LENHOFF & HOTZ have over five decades of legal experience primarily in the fields of:
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