Alternative Dispute Resolution
Brown & Kelly recognizes the costs, risks and delay associated with litigation. Therefore, Brown & Kelly counsels its clients on using "ADR", Alternative Dispute Resolution, as a means of reducing those burdens and resolving legal disputes without trial.
ADR includes mediation, which can be conducted through private mediation or court supervised mediation programs. ADR also includes arbitration, where the panel is privately selected by the parties or selected through an association, such as the American Arbitration Association. Judicial settlement conferences are also a form of ADR and involve a meeting between the parties and a judge or other designated court staff to negotiate a settlement. Summary trials, either jury or non-jury, are gaining popularity as a form of ADR, as are private trials where the parties agree to have their case decided outside of the court system by a retired judge. ADR allows the parties to resolve their disputes confidentially, avoid the distractions and burdens associated with litigation and to preserve business and personal relationships that can be affected by the adversarial nature of litigation.
In addition to representing our clients as advocates in ADR forums, a number of Brown & Kelly attorneys also serve as neutral mediators and arbitrators. Several of our attorneys have received advanced training in mediation and are certified mediators.