Albuquerque New Mexico Attorney Offers Effective Alternative Dispute Resolution Services
As a seasoned Albuquerque, New Mexico attorney with an extensive legal background and as someone who has literally written New Mexico rules of evidence and civil procedure, R.E. Thompson has unparalleled legal experience and knowledge in the civil litigation arena. He is intimately familiar with this process, along with its possible weaknesses and complexities that parties may not fully appreciate until they are underway with a complex, litigated case. As such, R.E. Thompson recognizes the importance of alternative dispute resolutions and the parties’ ability to resolve their case outside the courtroom.
Types of Alternative Dispute Resolution Services
Alternative dispute resolution refers to a spectrum of alternative solutions to legal problems other than litigation. It includes less costly and faster options to resolve cases, including:
- Mediation – During mediation, an experienced mediator facilitates communication between the parties. He or she is neutral and does not impose a decision on the parties. However, he or she helps guide the parties to a reasonable agreement with which both parties are satisfied.
- Conciliation – Conciliation is similar to mediation but it is founded on the idea that the parties need to repair a relationship with each other. This may involve a personal relationship, such as a family that has been splintered after a probate dispute or a business partner or contractor when both parties desire to keep the professional relationship in place.
- Arbitration – Arbitration is similar to litigation in that the parties conduct some discovery and present their evidence and testimony to a decision maker. The neutral arbitrator renders a decision. Key differences between this form of ADR and litigation are that the parties have more control over the process and are able to select a neutral arbitrator with subject matter expertise.
- Evaluation – During an evaluation, both parties present their side of the case to a neutral evaluator who renders a decision after hearing both positions. He or she points out the strengths and weaknesses of each side and makes recommendations about how the dispute can be resolved. While the evaluator’s opinion is not binding,
- Negotiations – During negotiations, parties attempt to reach an agreement to resolve the case. Their attorneys advocate for their positions, so they may have minimal contact with each other. If an agreement is reached, this is presented to the court and the case is dismissed.
- Collaborative law – In collaborative law, the lawyers involved are dedicated to helping the parties reach an amicable agreement together. They are not trying to make the process adversarial like most court cases are. Instead, they seek to advocate for a resolution that benefits all parties. If the lawyers involved are not able to help the parties reach an agreement, they discontinue from the case if it moves to an adversarial proceeding.
As a litigator with ample civil trial experience, R.E. Thompson knows that the vast majority of civil cases settle outside of court and advocates for a fair resolution that saves the parties time and money by avoiding litigation. If you would like to resolve your Albuquerque, New Mexico dispute outside the courtroom, contact R.E. Thompson.