Alternative Dispute Resolution

 

Alternative Dispute Resolution Services (ADR)

P&S Legal Advocacy settle conflict encountered by our clients through various methods of ADR. Ms. Hukill holds certification in Alternative Dispute Resolution and has extensive experience in utilization of ADR techniques within business, non-profit, educational, and governmental settings. Ms. Pricer has vast experience in creation and implementation of interest based problem solving and fact-finding within global corporate settings and institutes of higher education.

 

Conciliation

Conciliation is a method focused on building positive relationships between parties to a dispute through third party conciliators. The conciliators are masterful in establishing communication, clarifying misperceptions, dealing with strong emotions, and building trust necessary for cooperative problem-solving. P&S Legal Advocacy specializes in providing neutral meeting space, carrying initial messages between/among the parties, reality testing regarding perceptions or misperceptions, and affirming the parties' abilities to work together. Conciliation is key in promoting open dialogues, building positive perceptions, and enhancing trust.

Interest-based Problem-solving

Interest-based problem-solving creates effective solutions while improving the relationship between the parties. The process separates the person from the problem, explores all interests defining issues clearly, brainstorms possibilities and opportunities, and uses mutually agreed upon standards to reach solutions. Trust in the process is a common theme in successful interest-based problem-solving which P&S Legal Advocacy has effectively applied in many contexts where two or more parties are seeking to reach agreement.

 

Dispute Panels

Dispute panels provide one or more neutral/impartial individuals to parties for clarification of misperceptions, information gap filling, or neutral interpretation of data or facts. Panels are utilized to review conflicting data or facts and suggest ways to reconcile differences. Recommendations may be procedural or may involve specific substantive recommendations as needed. Information analyses and suggestions made by the panel may be used by the parties in other processes such as negotiations. Dispute panels are particularly useful when viewed as non-threatening and P&S Legal Advocacy has established a reputation for working through and resolving disputes short of using more formal resolution measures or litigation.

Early Neutral Evaluation

Early neutral evaluation provides neutral/impartial third party to provide a non-binding evaluation. P&S Legal Advocacy provides written evaluations that gives the parties an objective perspective on the strengths and weaknesses of their cases.  Early neutral evaluation is appropriate when the dispute involves factual issues that lend themselves to expert evaluation, when parties disagree significantly about the value of their cases, and when top decision makers could be better informed about the real strengths and weaknesses of their cases. Early neutral evaluation is an excellent alternative to expensive and time-consuming discovery procedures.

 

Fact-finding

Fact-finding uses impartial experts (or groups) selected by the parties, an agency, or by an individual with the authority to appoint a fact finder to determine which "facts" are in a dispute. The efficacy of fact-finding is the expectation that the opinion of a trusted and impartial neutral will carry weight with the parties. If hired as Fact finders, P&S Legal professionals will not resolve or decide policy issues; they will investigate or evaluate the matter presented and file a report establishing the facts in the matter. Clients may authorize P&S Legal to issue either a situation assessment or a specific non-binding procedural or substantive recommendation as to how a dispute might be resolved. In cases where such recommendations are not required, the data or facts will be collected and organized in a fashion that facilitates further negotiations aids in later adversarial procedures.