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A.D.R.
- Better Than "A Day" (Or Several Months) In Court
Another important devlopment in Civil Litigation is Alternative
Dispute Resolution (ADR).
The cases which we accept involve serious calamities or matters
of important principle.
One of our cases involved a young man whose sexual orientation and
HIV positive status was used as a basis for hysterical discrimination
on the job, including cruel and illegal firing based on a false
and humiliating pretext (eating chips from a bowl at a Christmas
party).
Based on Chris’ experience with employment and wrongful discharge
cases, it was decided that the young man’s employer, Viacom Cablevision,
might be induced to accept an Alternative Dispute Resolution method
in lieu of trial, especially considering the sensitive nature of
the case.
The ADR methods include binding arbitration, private arbitration
by experienced retired judges and, best of all, mediation!
Mediation is accomplished when a trial date is imminent and the
parties have gone through the complicated process of civil discovery.
Pre-Trial
Discovery:
A Minefield Of Mandatory Information Exchanges
And Deadlines For Doing So
Civil Discovery can be a thicket of procedural rules, stiff monetary
sanctions, and automatic dismissal of a civil litigant’s case for
any sort of failure to comply, even if the default is unintended.
Even the clearest case is often fought very hard where it may cost
a large institution or corporation a substantial sum of money to
compensate a victim or to settle a wrong. It is the plaintiff’s
duty to put all of his or her information together in complete and
verified formats as required by the Civil Discovery Act. The plaintiff
must also compel disclosure of evidence by the opponent.
Your law firm must have the stamina, determination and expertise
to survive the onslaught of procedural maneuvers based on the Civil
Discovery Rules which are designed to defeat the plaintiff. Both
production of plaintiff’s case and discovery of the opponent’s case
must be done right to avoid dismissal based on defense motions.
Mediation
However, once that onslaught is behind us, we find that an expert
mediator with a full involvement in the case can settle even the
most difficult cases, often by means of marathon sessions lasting
into the wee hours, accompanied by frank and candid disclosure by
each side. Perhaps most important is the utmost candor which generates
the good faith necessary to voluntary resolution.
We pride ourselves in knowing which Alternative Dispute Resolution
services best serve our clients. Our hands-on familiarity with fast
track, ADR and the civil discovery codes are absolute requirements
for the level of advocacy merited by our clients’ legal cases, large
or small.

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