Alternative Dispute Resolution
Overview
The Law Firm of Hutchison & Steffen offers a distinct alternative dispute resolution practice. The Firm provides advice and representation to clients who desire to resolve disputes in mediation, arbitration, or other alternative dispute resolution processes. Also, the Firm counsels clients at the time of contract formation about the merits of various dispute resolution processes and how to achieve the greatest benefits though contract language. The Firm's attorneys are seasoned practitioners before mediators and arbitrators.
Separately, the Firm's attorneys serve as mediators and arbitrators in matters that do not involve clients. The Firm is routinely asked to provide their experienced services in disputes involving commercial, construction, medical malpractice, personal injury, and employment matters.
Understanding The Practice
What is Alternative Dispute Resolution?
Alternative dispute resolution - commonly abbreviated as ADR - refers to any structured process used to resolve a legal dispute without proceeding to a full courtroom trial. The alternative dispute resolution definition, broadly stated, encompasses methods such as mediation, arbitration, negotiation, and neutral evaluation, all designed to reach a binding or agreed-upon resolution more efficiently than traditional litigation.
The full form of ADR is "alternative dispute resolution," a term that has grown in use across virtually every area of civil and commercial law. ADR is not a single process but a family of approaches - each suited to different types of disputes, relationships, and desired outcomes. Understanding which method fits your situation is often the first and most consequential step in resolving a dispute effectively.
What is dispute resolution, at its core? It is the process by which parties in conflict reach a conclusion - whether through agreement, a neutral decision, or a court judgment. ADR distinguishes itself from litigation by offering more flexible, private, and often faster paths to that conclusion, while preserving the parties' ability to influence both the process and the outcome.
At Hutchison & Steffen, our ADR attorneys bring a perspective few firms can match: we represent clients in mediation and arbitration proceedings, and our attorneys also serve independently as mediators and arbitrators. That firsthand experience on both sides of the process gives our clients a meaningful strategic advantage in every ADR matter we handle.
Methods of ADR
Types of Alternative Dispute Resolution
Mediation
Arbitration
evidence and legal arguments from both sides and issue a binding decision. Arbitration is typically faster and less formal than litigation and is widely used in commercial contracts and employment agreements. Many proceedings are administered through judicial arbitration and mediation services providers such as JAMS or the American Arbitration Association.
Negotiation
often the fastest and least costly path to resolution. Our attorneys are experienced negotiators who understand when to press hard and when a well-structured settlement better protects a client's long- term interests.
Early Neutral Evaluation
External Dispute Resolution
ADR at Contract Formation
anguage can significantly reduce the cost and complexity of resolving future disagreements.
Making the Right Choice
ADR vs. Traditional Litigation
Not every dispute belongs in a courtroom. Understanding the key differences between ADR and litigation helps clients choose the path most likely to produce the outcome they need.
| Factor | Alternative Dispute Resolution | Traditional Litigation |
|---|---|---|
| Timeline | Weeks to months in most cases | Months to years; court scheduling dependent |
| Cost | Generally lower; reduced discovery and procedural costs | Often significantly higher due to extended proceedings |
| Privacy | Confidential; proceedings and outcomes remain private | Public court record; filings and decisions are accessible |
| Control | Parties have greater input over process, timing, and resolution | Court controls schedule, procedure, and ultimate outcome |
| Finality | Arbitration awards are binding; mediated settlements are enforceable contracts | Subject to appeals; resolution may take additional years |
| Relationships | Collaborative processes can preserve business or personal relationships | Adversarial nature often damages ongoing relationships |
| Flexibility | Process and rules can be tailored to the nature of the dispute | Governed by strict procedural and evidentiary rule |
Is ADR right for your dispute?
IS ADR RIGHT FOR YOUR DISPUTE?
ADR is not a universal solution, but it is well-suited to a wide range of civil and commercial disputes. Our attorneys help clients assess whether their situation is a strong candidate for resolution outside of court - and which method is most likely to succeed given the parties, the stakes, and the relationship involved.
ADR is particularly effective when parties have an ongoing relationship they wish to preserve, when confidentiality is a priority, or when a faster resolution would meaningfully reduce business disruption. It is also the right choice when parties want more control over the outcome than a courtroom verdict allows.
Our attorneys are also experienced in cases where ADR is contractually required. Many commercial agreements, employment contracts, and consumer contracts include mandatory mediation or arbitration clauses - Hutchison & Steffen is well-positioned to represent clients both in navigating those clauses and in challenging them where appropriate.
Common Questions
Frequently Asked Questions
What is the difference between mediation and arbitration?
Mediation is a voluntary, facilitated negotiation in which a neutral mediator helps parties work toward a mutually agreed settlement - the mediator does not impose a decision. If no agreement is reached, the parties may still proceed to arbitration or litigation. Arbitration, by contrast, is an adjudicative process in which a neutral arbitrator hears evidence and issues a binding decision, much like a private judge. Both are forms of alternative dispute resolution, but they differ significantly in process, finality, and the degree of party control over the outcome.
What is external dispute resolution (EDR)?
External dispute resolution refers to any formal resolution process administered by an independent third-party organization - such as JAMS, the American Arbitration Association, or a government-established body. The external dispute resolution meaning is distinct from informal internal procedures, such as a company's internal grievance process. EDR is governed by the rules of the administering organization and is frequently designated in commercial contracts as the required method for resolving future disputes.
Do I need an attorney for mediation or arbitration?
While representation is not always legally required in ADR proceedings, having experienced counsel is strongly advisable — particularly in complex commercial, construction, employment, or high-stakes disputes. In arbitration, the hearing functions like a trial: evidence is presented, witnesses are examined, and legal arguments are made before a neutral decision-maker. In mediation, skilled negotiation can significantly affect the terms of any settlement reached. Our attorneys ensure your rights are protected and your position is presented as effectively as possible throughout the process.
What if my contract requires arbitration?
Many commercial contracts, employment agreements, and consumer agreements include mandatory arbitration clauses that require disputes to be resolved through arbitration rather than in court. If such a clause applies to your matter, our attorneys can guide you through the arbitration process, clarify the applicable rules, and advocate effectively on your behalf. In some circumstances, mandatory arbitration clauses can also be challenged — our attorneys can assess whether that is a viable option in your specific situation.
Can Hutchison & Steffen serve as neutral mediators or arbitrators?
Yes. Separately from client representation, Hutchison & Steffen attorneys serve as mediators and arbitrators in matters that do not involve the Firm's clients. The Firm is routinely engaged to provide neutral dispute resolution services in commercial, construction, medical malpractice, personal injury, and employment disputes. This dual capacity - as both advocate and neutral - gives our attorneys an unusually comprehensive perspective on the ADR process and what it takes to succeed within it.
Are arbitration awards and mediated settlements legally enforceable?
Yes. Binding arbitration awards are enforceable in court under both federal and Nevada law - they can be confirmed as court judgments and collected in the same manner as any other court-ordered remedy. Mediated settlement agreements, once signed by the parties, are enforceable contracts. If a party fails to honor a mediated settlement, the other party may seek court enforcement of the agreement.