What is ADR and why is mediation the most popular method?

Minneapolis Criminal Defense Attorney, James Johnson, talks about ADR and mediation.

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Phone: (715) 381-7105

Transcript:

ADR it stands for alternative dispute resolution and there are a lot of forms of ADR there’s arbitration, and all variants of arbitration. And then, mediation is a form of alternative dispute. It can be combined with arbitration. Mediation can be combined by litigation. Or mediation can be conducted even without litigation in place. And the reason that mediation is the most popular method is because you don’t necessarily need an attorney on your side to do it. Unrepresented parties can mediate. Now I wouldn’t recommend it a lot of times because again, you need that dispassionate, objective voice that’s hearing and many times when you’re in a dispute it becomes emotional and that emotion clouds your judgement.

But mediation it tends to be the most cost effective. It’s something where you can find a mediator and mediators that currently I’ve seen them as low as $225.00 an hour and I’ve seen them as high as $600.00 an hour. It depends, again, on the location, the complexity, and so forth. But having somebody who will basically they, expenses are split evenly that’s another from the outset. Now sometimes in the course of the negotiation part of the settlement is that one party will pay for that mediator’s fee and that’s fine. But going into it knowing that you’ve got equal skin in the game to the other side and maybe there’s three sides, and I’ve even seen four sided mediations. But mediation can be popular because you can do it before litigation, early in the litigation or right up even I’ve seen mediations occur on the doorstep of the courthouse when you’re going to be trying the case.