Our experience rivals that of any of the big firms in southern Nevada. Our smaller size allows us to offer far better rates and service to our clients.

Conducting Private Mediations And Arbitrations

Albright, Stoddard, Warnick & Albright’s senior litigators William H. Stoddard, G. Mark Albright, and D. Chris Albright all serve as private mediators and private arbitrators and are accepting referrals to provide this service at this time.

Alternative Dispute Resolution (ADR) is becoming an increasingly popular method for resolving disputes without the lengthy delays that can be experienced in the courts.

ADR can include a mediation or settlement conference procedure, wherein disputants agree to meet with a neutral third party mediator, in a nonbinding, nonadjudicative proceeding, to determine whether their dispute can be settled. Utilizing a third-party mediator in such disputes is often far more effective than parties attempting through their own counsel to settle a matter in private sessions without a neutral third party. A neutral third party can often assist both sides to look objectively at the strengths and weaknesses of their own position by receiving advice from a neutral outsider whose counsel will be seen as more trustworthy and objective than that of either party or their attorney.

At Albright, Stoddard, Warnick & Albright, our experience has shown that mediation is typically a far more effective method for resolving disputes than attempted direct negotiation without a third-party mediator.

ADR can also include private contractually agreed-upon adjudication of a dispute by a third-party arbitrator whose decisions can then be taken to Court and turned into a judgment under Nevada statutes. Arbitration is very similar to trial, but less expensive and less formal than Courtroom proceedings, taking place in a forum that is often less intimidating to the participants, in which certain rules of evidence and procedure may be relaxed in order to effectuate a speedier resolution. Many contracts contain provisions requiring arbitration of any disputes, and parties who find themselves in a dispute can also agree to utilize arbitration to resolve the same after the dispute has arisen.

Representing Clients In Alternative Dispute Resolution (“ADR”)

Alternative Dispute Resolution (“ADR”) is an important alternative method of helping people resolve their legal disputes rather than spending months and sometimes years of litigating a matter through the expensive litigation process in the state and federal courts.

ADR involves an independent third person, often called a “neutral,” who tries to help the parties resolve or narrow their areas of conflict. Albright, Stoddard, Warnick & Albright’s attorneys are recognized for their ability to assist their clients who desire to resolve their disputes outside of the formal judicial system, with its rigid discovery rules and sometimes lengthy delays. The two most common types of ADR are arbitration and mediation.

In arbitration, the neutral third person is known as the arbitrator who will act as a privately paid judge. The parties present the facts and their arguments to the arbitrator who then issues a decision after careful consideration. Arbitration is similar to a trial, but it takes place in a conference room instead of a courtroom. The decision is usually binding with very few grounds of appeal. Parties to business and personal injury suits often hire one or more arbitrators to decide their disputes, since arbitration is often faster and less expensive than taking the matter to court. Often a contract will require that each party select one arbitrator and then the two thus chosen will designate the third member of the arbitration panel to consider and hear the dispute.

If a complaint is filed in court regarding a contract that contains an arbitration clause, then the opposing party must decide whether to pursue litigation and waive arbitration or move the court to enforce the arbitration provision.

Mediation, on the other hand, involves a neutral third person called a mediator, who encourages and attempts to facilitate the mutual resolution of a conflict between two or more disputing parties in an informal setting. Through mediation guided by a mediator, the parties address their dispute and decide what is best for their own interests. Mediation a nonadversarial process. Disputing parties meet informally to formulate a voluntary settlement agreement that is acceptable – unlike arbitration where a binding decision is made by the arbitrator. Mediators meet with the parties and their attorneys, often in different rooms, and then explore various alternatives. The goal is for all concerned parties to leave with a mutually beneficial resolution.

Our Litigation Attorneys Are Experienced In All Forms Of ADR

We can discuss with you the advantages and disadvantages of each method of ADR given the unique circumstances of each case. We help our clients achieve the best result whether a client’s dispute is being arbitrated, mediated or litigated. Additionally, our senior attorneys are available to serve as private mediators of litigation matters in the areas of their respective practices. Contact our experienced mediation and arbitration attorneys at Albright, Stoddard, Warnick & Albright to help resolve your dispute. Send us an email or call us at 702-854-2791 for an appointment.