Other Processes

In addition to mediation and arbitration, there are other ways to resolve disputes through use of an ADR practitioner.
 
ADR practitioners can conduct settlement conferences.  These conferences involve a strict negotiation between the parties without any real discussion of the fact. 
 
Very often, attorneys or insurance companies with many cases - particularly with the same counsel - will set up settlement days.  Several cases are listed for discussion on one day at different times with one ADR practitioner hearing and guiding the parties, counsel and the insurance company through negotiations.
 
Med-Arb is another option.  First, mediation is attempted.  If unsuccessful, arbitration is then utilized.   While there is some controversy over whether or not the same person can be both the mediator and arbitrator, as long as the parties and counsel are fully aware of the issues as to same, this can be a very successful method for resolving conflicts.
 
While there may be more choices, these listed above are the most often utilized in lieu of arbitration or mediation. You are referred to those other sections of this website for more information.

As civilized people, we do not believe that self-help is the answer.  Therefore, the court system exists. Depending on many factors, litigation can take years and money and - more importantly - a toll on your life.
 
 If you seek monetary "revenge", justice, punishment or vindication - only or in addition to other relief, you may not achieve those goals through litigation.  There are many reasons including inadmissibility of evidence, inability to pay for expert testimony, and other inability to finance the litigation which may interfere with the ultimate result you seek. ADR processes which have been explained in this website offer more access to the result you wish to obtain and circumvent the difficulties you might have in achieving your goals.