GENERAL SERVICES

• DIRECT AND INDIRECT NEGOTIATION
• MEDIATION PROCESSES
• FACILITATIVE MEDIATION
• EVALUATIVE MEDIATION
• TRANSFORMATIVE MEDIATION
• NEUTRAL EVALUATION
• ARBITRATION
• SETTLEMENT CONFERENCES
• MINI-TRIALS
• SUMMARY JURY TRIALS
• NON-BINDING ARBITRATION
• NEUTRAL EXPERT FACT-FINDING
• COURT APPOINTED SPECIAL MASTERS/DISCOVERY MASTERS
• PRIVATE JUDGING PROCESSES
• STRATEGIC AND PREVENTATIVE PLANNING
• ADR SYSTEM PROGRAM DESIGN
• HIGH LOW ARBITRATION
• FINAL OFFER ARBITRATION
• PRIVATE JUDGING
• MEDIATION-ARBITRATION (MED-ARB)
• LITIGATION
• ALTERNATIVE DISPUTE RESOLUTION (ADR)

Arbitration | Negotiation | Training

ALTERNATIVE LAW ADR SYSTEMS

At ALTERNATIVE LAW, our clients are assisted by expert, professional neutrals (mediators,arbitrators, professors, and attorneys) who use a full range of the latest, most advanced, rigorously tested dispute resolution processes and techniques that range from direct and indirect negotiation, to facilitation and mediation, including where absolutely necessary litigation to achieve satisfactory resolution.

DIRECT NEGOTIATION is where the parties collectively retain complete formal and informal control over the process and its outcome including:

The ground rules and the agenda
The selection of the neutral
The place and timing of the negotiation
Use of their own negotiation styles and strategies
When and how they communicate, listen and convey reactions
Whether to obtain outside information, comment,or feedback and if so,whether to introduce it
the decision to end the process at any time
The ability to discuss and agree upon issues and solutions that need not relate directly to The subject matter of the dispute
The acceptance of an outcome unless mutually agreed upon

INDIRECT NEGOTIATION also sometimes referred to as as private caucusing, occurs when all offers are passed through to the neutral so that the parties do not have to engage in meetings or direct contact. This can occur throughout various stages of our processes.

STRATEGIC AND PREVENTATIVE PLANNING

This our program to design preventative ADR systems that will reduce the incidences and recurrence of conflict and more easily channel all future participants into your alternative system of your choice to reduce time and legal costs for you and your organization.

MEDIATION PROCESSES
In Mediation Processes, a third party neutral works to facilitate a negotiated settlement between the parties. The mediator facilitates the negotiations and evaluates the relative merits of the claims and defenses. The neutral does not have power to impose a solution or decision-the parties retain ultimate control over the outcome. The terms of the agreement are limited only by the interests and creativity of the parties and the neutral. By agreement and permission of the parties, the neutral sets the ground rules and may seriously affect the order of the proceedings, the parties' collective and individual analyses and the general dynamic of the settlement discussion.

FACILITATIVE MEDIATION

Facilitative Mediation is a process in which outcome control remains almost entirely in the hands of the parties and counsel. The mediator restores communication and helps to create options for resolution by:

Ensuring that all relevant information is exchanged and heard by the parties or confirms that there is a good reason why it isn't being exchanged
Providing parties the ability to vent
Coaching negotiators on next moves
Helping parties invent settlement options
transmitting offers and demands
working to overcome potential impasses

EVALUATIVE MEDIATIONS
Evaluative mediation occurs when the mediator creates more structure and injects his or her own view or prediction of the trial outcome. It is often used for more difficult cases, where the gap between the parties is large, the issues somewhat complex and the stakes high. The mediator allows the parties to test the reality of their predicted outcomes by:

Working to thoroughly understand the parties' factual and legal arguments
Providing feedback on the relative merits of claims and defenses
Offering his or her prediction of the outcome in court
In some circumstances, recommending settlement ranges

TRANSFORMATIVE MEDIATION

This type of mediation and educational process process whose stated goal it is is to transform the method and ways of thinking for the participants, so that their future interactions will be accomplished in a different, less confrontational manner.

NEUTRAL EVALUATIONS
Neutral evaluation is a non-binding process in which the parties retain a neutral to provide an evaluation based solely on the merits of the case. The neutral:

Reviews the factual and legal positions of the parties either through briefs/ oral arguments
Evaluates what the likely jury outcome might be
Provides his or her view of the likely/fair results
is not retained to facilitate the parties negotiations

ARBITRATION

When mediation is not appropriate, arbitration is an excellent method to keep your case out of the clogged court system. Arbitration is a process whereby a neutral party, sometimes referred to as a private judge, is responsible for deciding the outcome of a legal case, outside the costs and confines of a courtroom. Because arbitration is a much quicker and less expensive process that normal litigation, it is one of the fastest growing areas of dispute resolution. It can be utilized in all types of legal cases such as commercial, employment, housing, discrimination, and family disputes.

SETTLEMENT CONFERENCES
Settlement conference is a simple, evaluative mediation frequently used in uncomplicated cases, where the parties are often not present and the neutral is an expert mediator, arbitrator, professor, who:

Reviews the cases with the parties and after a discussion of the facts and issues, suggests a settlement number or range

MINI-TRIAL
Mini trial is a highly structured, formalized and evaluative mediation process in which the parties cede a great deal of procedural control in order to reframe the dispute from the context of litigation to the context of a business problem. It requires the participation of non-legal party representatives with settlement authority who sit as a panel with the neutral. The neutral advisor:

Works closely with the parties before the hearing to facilitate agreement on procedure and resolve disputes
Oversees the panel of senior business officers
moderates the mini-trial hearing and then provides an evaluation if necessary
Facilitates settlement between the parties after rendering his or her evaluation

SUMMARY JURY TRIAL
Summary Jury Trial is also a highly structured, formalized and evaluative meditation process in which a private "jury pool" is assembled to hear the case. The neutral advisor:

sets up and presides over the process
Oversees a mediation/negotiation period following the procedure to get agreement on settlement terms

NON-BINDING ARBITRATION
Non-binding arbitration is a hearing process that looks and feels like arbitration, but is advisory, not binding. The neutral advisor(s):

Coordinates, sets up and presides over the process
Reviews the factual and legal positions of the parties through briefs or oral arguments
Evaluates what the likely arbitration outcome might be

NEUTRAL EXPERT FACT-FINDING
Neutral expert fact-finding can be a stand-alone, non-binding process, or it can be part of a larger non-binding process. It is used to help resolve a disputed technical issue. The neutral:

Finds facts and provides analysis after hearing presentations by the parties, and their experts
Acts as a substitute for partisan experts
Can conduct an independent investigation into the technical facts and issues.

COURT APPOINTED SPECIAL MASTERS/DISCOVERY MASTERS
Court Appointed Special Masters/Discovery Masters are appointed by sitting judges to assist with disputes that are legally or administratively complex. Discovery Masters are selected by the parties rather than appointed. The Special Master or Discovery Master:

Assists in designing case settlement options
May mediate the cases or groups of cases for mass torts
Mediates discovery disputes
Makes rulings on discovery issues that can't be resolved

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ADJUDICATIVE OR JUDGING PROCESSES

In Adjudicative Processes, a third party neutral is brought in to hear and consider facts and/or arguments presented by the plaintiff and defendant, and to render a reasoned binding decision or solution based upon an agreed upon standard of legality or fairness. The neutral's role is to issue a solution for the parties, not to help them reach an agreed-upon solution to their dispute.

ARBITRATION
Arbitration, long used as an alternative to litigation in commercial disputes and labor disputes, offers less formal procedures, abbreviated presentations and the undivided attention of the neutral(s). The arbitrator(s):

Rules on discovery requests and disputes
Determines whether to apply rules of evidence and to what degree
Hears expert witnesses and cross examinations
Reviews briefs, documents and other exhibits
Entertains argument by counsel before rendering a decision
Administers arbitration according to the JAMS Rules and Procedures for Arbitrations

HIGH LOW ARBITRATION
High-Low arbitration also sometimes known as bracketed arbitration occurs when the parties structure an agreement to "bracket" or limit the possible range of outcomes. The parties may agree that the arbitrator:

Will decide only the issue of liability with predetermined sums to be paid by the defendant or plaintiff accordingly
Delivers a verdict on liability and damages while agreeing in advance on minimum and maximum payment sums

Is not told the high low range, in effect creating "blind high low" arbitration

FINAL OFFER ARBITRATION

Final offer arbitration, used in the sport of "baseball" occurs when the plaintiff and the defendant each separately submit a "final offer" to the arbitrator. The arbitrator:
Chooses an appropriate settlement between the offer or the demand presented based upon the settlement heard.

PRIVATE JUDGING

Private judging a private trial conducted by an expert is most similar to a conventional trial in that judgment may be appealed for errors of law, or as against the weight of the evidence. The neutral:

Is selected by the parties, often because he or she has the necessary expertise for highly complex or technical issues
Is asked to try the issues in a case and to make findings of law or fact
enters a decision as a judgment which will become a matter of public record
offers parties the flexibility to exert some control over the timing of the resolution of their dispute

MED-ARB

Med-Arb combines aspects of both mediation and arbitration. It offers both parties the ability to participate in a mediation, having agreed in advance that if they unable to reach a settlement, the process will then shift to an arbitration. The neutral:

Can serve as both mediator and arbitrator in an "integrated" process, acting to facilitate negotiations and also making binding decisions on stalemated issues along the way
in a "separate" process will attempt to achieve a mediated settlement before changing roles" to decide any unresolved issues

OFFER MED/ARB

Occurs when each party makes an offer and the arbitrator decides which one to take.

LITIGATION

This is our least utilized option as the parties have minimal control over the process or its ultimate outcome, but sometimes in rare cases it is a necessity or the most desirable option:

The court retains ultimate authority, interpreting and applying the rules of civil litigation and the parties have very limited
The court sets discovery deadlines, conference dates and trial dates
The neutral decision-maker is determined by the court
the rules of trial practice and evidence in the presentation of the case must be followed
parties are bound to the facts found and decisions made by judge and jury, subject to limited right of appeal
only narrow forms of remedies are available--an award of money damages or limited injunctive relief

Arbitration (more details)
When mediation is not appropriate, arbitration is an excellent method to keep your case out of the clogged court system. Arbitration is a process whereby a neutral party, sometimes referred to as a private judge, is responsible for deciding the outcome of a legal case, outside the costs and confines of a courtroom. Because arbitration is a much quicker and less expensive process that normal litigation, it is one of the fastest growing areas of dispute resolution. It can be utilized in all types of legal cases such as commercial, employment, housing, discrimination, and family disputes.

At ALTERNATIVE LAW we also provide the option of med-arb,which is a process that combines mediation and arbitration. The parties first go to mediation with a mediator of their choice. The mediation process proceeds as it would normally. If for some reason, mediation does not produce a complete settlement, then arbitration is the next step in this dispute resolution process. The same mediator who by now is very familiar with both parties interests and positions, will decide the case on its legal merits.

Some clients feel that this process effectively serves a two fold purpose and provides them with two bites of the apple. ALTERNATIVE LAW provides the options, but the choice is yours. You can selected standard mediation, standard arbitration, or med-arb.

Negotiation

Sometimes, some people just want to plain-out win. We all know that feeling and we have all felt it. Our negotiation training and skills can help you do just that,-but, just maybe in a slightly different manner than you might expect.

Mutual communication is very important for us to understand our clients needs and for our clients to understand the strategic implications of implementation of a particular plan of action.

Are relationships important for the long term, for the short term, or not at all? Is it win at all costs deal or should it be a win-win situation for all parties. Does reputation or repeat or future business matter? What is this cost benefit approach and risk analysis and exposure?These are just some of the questions that have to be answered, understood and analyzed.

Training

Training is a critical component for every organization and every person. It is part of our educational process that we value highly and that provides long lasting and effective resolution to disputes.

Alternative Law is a strategic asset which can unify your organization, agency,department, vendors, and staff. We provide expert on site personnel and diversity training, conflict systems design, dispute prevention plans, negotiations and mediation trainings to enhance your organizational development, satisfaction and retention.

Alternative Law's services can be included as a preventative measure in contracts, as a workplace and cultural training tool, or as a stage in the problem solving and identification process. It can also be used during litigation as part of your settlement proceedings or at any phase, prior to a judge making the decision for you.

Even lawyers and government officials can agree on some facts of life. In an adversarial process, certain legal cases can just waste time, money, and every other valuable resource. There are alternatives. ALTERNATIVE LAW provides creative options, systematic solutions, and well developed strategies for agencies, officials, and employees to settle issues when they are stuck in a dispute. Processes such as mediation, facilitation, and negotiation provide cost effective alternatives to your legal systems. They increase control over conflicts, self determination, information-based decision making, and effectively reduce recurrent controversies.