Alternative Dispute Resoltion

Alternative Dispute Resolution (ADR) gives parties the opportunity to resolve their disputes outside of the courtroom. Courts in Florida encourage (and frequently order) the parties to participate in ADR. 

Mediation allows parties in a dispute to hear and assess the views of the other side in a confidential setting. The mediator facilitates negotiations to help the parties reach a resolution. The parties retain full control of the mediation and decide whether the case settles. 

Arbitration allows parties to present their positions and evidence to a neutral third party. The arbitrator issues a decision on the merits of the case. Usually, this decision is non-binding but gives parties an opportunity to understand how an independent decision maker views the case. 

Hybrid Mediation-Arbitration is a combination of these approaches. The parties present their cases then participate in Mediation. If the matter does not settle, the neutral makes a decision as arbitrator. 

ADR gives the parties a better chance of reaching finality sooner and resolving their disputes in a more favorable and efficient way. 

Monica Schmucker is a Florida Supreme Court Certified Mediator for Circuit, County, Family and Appellate Court. She is also a qualified arbitrator.