Mediation & Arbitration

About Alternative Dispute Resolution

The United States is one of the most litigious societies in the world, investing approximately 2.2 percent of the nation's gross domestic product - approximately $310 billion or $1,000 per capita - in tort litigation alone, according to an economics professor at Emory University. The state and federal courts in many areas of the country are notoriously crowded. Getting a court date can often take several weeks or months, a fact which imposes insufferable delays on legal action.

Increasingly, many courts are imposing mandatory alternative dispute resolution on parties seeking a hearing of a civil action. This requirement is part of an effort to lighten dockets and to make it easier for cases to move through the court system with a minimum of stress and delay. While it is true that some cases can only be effectively resolved through adversarial litigation, many can be resolved through mediation or arbitration.

Alternative dispute resolution methods involve having the disputing parties meet in an informal setting out of court in an attempt to negotiate an acceptable settlement without judicial interference. A trained mediator or arbitrator serves as a neutral third party, and his or her role is to facilitate discussions, clarify legal questions, keep the negotiation process on track, and assist in crafting a legally sound settlement agreement.

Approaches to Mediation & Arbitration

Non-Binding Arbitration
Also generally referred to as mediation, this process is conducted as described above, with the additional condition that the mediator does not impose any type of decision on the parties. The final agreement is at the disputing parties' discretion. In the event that the parties cannot reach an agreement, the matter may still proceed to court for a trial.

Binding Arbitration
In this approach, both parties agree to the selection of an arbitrator who generally assists in the manner described above, but at the conclusion of the process, he or she is called upon to issue a ruling on the matter. The parties have agreed at the outset to abide by this ruling and will nearly always have agreed to waive their right to take the matter to trial.

Proven Mediation Services in New Orleans

The team at Montgomery Barnett, L.L.P. includes attorneys in New Orleans who are neutrals of the American Arbitrators Association; FINRA, formerly known as the National Association of Securities Dealers and New York Stock Exchange; and the National Arbitration Forum. The lawyers have a history of providing alternative dispute resolution services for clients ranging from small businesses to companies listed on the Fortune 500.

Attorneys

Montgomery Barnett, L.L.P. - Lawyer
Located at: 3300 Energy Centre, 1100 Poydras Street New Orleans, LA 70163

In Baton Rouge - One American Place 301 Main Street, Suite 1170 Baton Rouge, Louisiana 70825
(504) 585-3200
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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