The attorneys at Tighe & Cottrell, P.A. provide alternative dispute resolution (ADR) services and are available to serve as arbitrators and mediators. Our attorneys have extensive ADR experience. We have arbitrated and mediated cases in many areas of the law including construction disputes, corporate disputes and personal injury cases.
ADR refers to a variety of processes that help parties resolve disputes without a trial. Typical ADR processes include mediation, arbitration, or a neutral evaluation. The process is generally confidential, less formal, less stressful and less costly than traditional court proceedings. As a result, ADR often saves money and speeds settlement.
In ADR processes such as mediation, the opposing parties sit down in an attempt to negotiate a resolution to the outstanding dispute. A neutral person called a ďmediatorĒ helps the parties communicate and understand the strengths and weaknesses of their positions. All parties play an important role in resolving their own disputes and must be willing to compromise to obtain a final result. This often results in creative solutions, longer-lasting outcomes, greater satisfaction, and improved relationships.
During an arbitration a neutral person called an "arbitrator" hears arguments and evidence from each side and then decides the outcome. Arbitration is less formal than a trial and the rules of evidence are often relaxed.
Parties may agree to either binding or non-binding arbitration. In binding arbitration, parties agree to accept the arbitratorís decision as final, and there is generally no right to appeal. In non-binding arbitration, the parties may pursue recourse through the traditional legal channels if they do not accept the arbitratorís decision.
In either binding or non-binding arbitration the goal is that the arbitratorís decision will put an end to the dispute. However even if the arbitration is non-binding and one party proceeds within the bounds of the court system, it is hoped that the arbitratorís decision will help the parties realize and appreciate the likely outcome should the matter proceed to trial.
Attorneys Michael K. Tighe and Paul Cottrell have provided arbitration services for more 30 years. Additionally, Michael K. Tighe is a certified mediator who has completed 25 hours of training in conflict resolution techniques.
For more information about our arbitration and mediation services, please contact our office at (302) 658-6400 ext 21.