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Alternative Dispute Resolution (ADR)

With the costs and time associated with litigation, many companies are hesitant about litigating. In these cases, ADR may be best way to resolve legal issues. Through the use of negotiation, arbitration, and/or mediation, almost any dispute may be resolved.

Arbitration

Arbitration is a process through which a neutral arbitrator, or an arbitration panel, listens to the arguments made by each party and makes a decision. In many cases this decision is binding, meaning that the parties cannot appeal to a higher judicial body. This, if handled correctly, can be a benefit of arbitration. However, in cases where the decision is not binding, the parties retain their ability to take their issue to court after arbitration. Generally, arbitration is a faster, cheaper, and less formal way of having a dispute adjudicated by a neutral third party.

Mediation

Mediation is a process through which a neutral mediator, listens to the arguments of each party and urges the parties to resolve their dispute through compromise. Usually, mediation begins with an opening statement and progresses through open and private discussions wherein the mediator will offer an opinion with respect to resolving the dispute. Generally, mediation is a faster, cheaper, and less formal way of resolving a dispute than arbitration or trial. Mediation is also attractive because it gives businesses a forum in which to discuss the issues critical to their case confidentially without the procedural constraints of litigation.

Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your business litigation needs.

FAQ's
Q: How does a business litigate a business issue?
A: The business litigation process is the same process that would be followed in a civil lawsuit, including pleadings, discovery, pretrial matters (i.e. motions), possible settlement negotiations, trial, and possibly appeal.
Q: What is a class-action lawsuit?
A: A class action is a lawsuit wherein one or two named plaintiffs represent a much larger group of plaintiffs. Often, the issue is one where there has been an injury to a large enough group of people that individual litigation would be inefficient.

Q: Can business entities participate in a class action?
A: Yes. If a business entity has an injury in common with a greater group of plaintiffs that have formed a class, then the business may qualify as a class member.

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Resources
Small Business Administration (SBA)
The SBA is the federal agency charged with promoting and protecting small business interests in the US. Their Web site is a good source for many business-related questions.

Microsoft Small Business Center
Microsoft provides interesting article about avoiding business lawsuits.

National Federation of Independent Business (NFIB)
Web site of advocacy organization for independent business owners provides articles about business lawsuits.