Alternative Dispute Resolution & Mediation
Alternative Dispute Resolution (ADR) has gained wide acceptance as an effective alternative to the escalating costs, unwanted publicity and protracted process of traditional litigation.
Alternative Dispute Resolution (ADR) has gained wide acceptance as an effective alternative to the escalating costs, personal and emotional toll, unwanted publicity, and protracted process of traditional litigation and uncertainty. Research proves that 10 times as many disputes are resolved using dispute resolution or mediation instead of going to trial. In addition, ADR can expedite the process, allowing all sides to move on with their business and personal lives, rather than waiting for a courtroom outcome over which they have no control.
Methods of ADR include mediation, and non-binding and binding arbitration. Mediation allows more creative, flexible solutions in which the parties are in charge of their destinies versus placing their dispute in the hands of a judge or jury.
Arbitration is a method, short of a court trial, in which an arbitrator considers all of the evidence, briefing, and argument that would otherwise take place in a courtroom and renders a clearly written and understandable decision.
Many of Baker Manock & Jensen’s attorneys are experienced as mediators and arbitrators, and frequently represent clients in both mediation and arbitration proceedings. We have attorneys who have received advanced mediation training from the Straus Institute for Dispute Resolution, Pepperdine University School of Law, and from FresnoPacificUniversity's Mediation Program.
In addition, we have attorneys who are trained in arbitration procedures and appointed to the American Arbitration Association’s panel of arbitrators.
A significant number of the Firm’s attorneys have served as court-appointed mediators for the Fresno County Superior Court. They are skilled in resolving all types of disputes, including matters relating to business, construction, probate, trust and estates, real estate, health care, personal injury, commercial, business litigation, and professional liability issues.
The attorneys with this specialized training use their background to listen to the participants, allow their concerns and feelings—both subject and objective—to be heard, and guide both sides to a resolution that they control and voluntarily agree to. The mediator’s role also includes keeping the tone of the dispute resolution process cordial and cooperative.
The confidentiality and relative speed of alternative dispute resolution minimizes the adverse effect of ongoing personal conflict, unfavorable publicity, emotional and fiscal cost, and protracted acrimony on future business and personal dealings between the parties and others in their industries.