Alternative Dispute Resolution (ADR)
At Brown Paindiris & Scott, we understand the costs, risks, personal stress, and above all, the unpredictability of litigation for everyone involved in the process. We also recognize the incalculable value of the certainty and finality which accompany settlement. For these reasons, we appreciate the value and importance of meaningful and well-conceived alternative dispute resolution (ADR). We believe that it is important for lawyers to advise clients involved in litigation of trial alternatives. Our commitment to ADR for our clients, where appropriate, has inspired us to offer ADR services to others.
Mediation, Arbitration, Special Masters
Our ADR Group is available to litigants and their lawyers who seek one of a variety of means of resolving disputes out of court. Our attorneys provide private services as neutral mediators, special masters or arbitrators. Each member of our Alternative Dispute Resolution Group brings 20 years or more legal experience to the table. We strive to ensure that all parties are able to exchange ideas and perspectives in order to better understand their own interests as well as those of the other party. With that perspective, the professional attention, knowledge, patience and flexibility we bring to the chosen ADR format enables us to guide parties through a more successful ADR experience.
The members of our Alternative Dispute Resolution Group have experience in personal injury actions, civil rights claims, construction disputes, employment issues and all phases of family matters including divorce, custody, civil unions and property disputes. We believe that in all areas, particularly those where parties wish to maintain ongoing relationships, appropriate Alternative Dispute Resolution can be of invaluable assistance to willing parties. The utilization of caucuses, the recognition of confidentiality and a variety of facilitative and evaluative techniques that assist communication have served us well in guiding parties through a successful v experience.
Alternative Dispute Resolution formats offered by Brown, Paindiris & Scott :
Instead of having a third party dictate the terms of an agreement or settlement, in mediation, the parties themselves determine the conditions of any settlements reached. The mediator acts as a facilitator to help the parties negotiate and come to an agreeable solution.
In Arbitration, the arbitrator acts as a neutral third party, much like a judge. The arbitrator hears the case as presented by the parties, and then comes up with a binding solution. The process is more streamlined and less expensive than litigation, and also affords the parties are more personal way to resolve their dispute.
A "special master" is appointed by a court to carry out some sort of action on its behalf. Sometimes they are appointed as facilitators, other times as fact gatherers. Their role is to assist the court, and the parties, in order to effectuate resolution.
Collaborative Law was developed specifically for divorce disputes but can be used for other situations. The parties that agree to use Collaborate Law sign a Participation Agreement whereby they agree not to go to litigate the case in court. The parties try to resolve their issues through meetings with their attorneys and neutral experts or observers.
Civil Litigation Alternative Dispute Resolution
The attorneys at Brown, Paindiris & Scott have vast experience in various areas of civil trial, mediation and arbitration, and that experience serves as the foundation for our ability to assist adverse parties in resolving disputes in a variety of personal injury contexts including disputes involving:
- Motor vehicle accidents;
- Premises liability allegations;
- Medical malpractice;
- Commercial litigation;
- Real estate disputes;
- Home improvement disputes;
- Liquor liability/ dram shop;
- Products claims;
- Sexual assault;
- Professional negligence and
- The full gamut of civil rights claims.
The attorneys at Brown, Paindiris & Scott keep abreast of mediation and arbitration techniques and trends through professional seminars and active involvement in specialized bar activities including lecturing to peers. Additionally, we actively volunteer as court appointed fact-finders mediators and arbitrators in all courts. These experiences give us a fresh look at the status of conflict resolution inside the court system. Furthermore, our attorneys actively litigate on behalf of our clients in all areas of civil litigation and utilize mediation and arbitration as well.
Family Law and Divorce Alternative Dispute Resolution
Alternate Dispute Resolution takes many forms in the field of family law. At Brown, Paindiris & Scott, we can offer services to clients seeking mediation and collaborative law as well as to lawyers and parties seeking private special masters or arbitration. Attorney Ronald T. Scott and Attorney Kate W. Haakonsen each have served as Special Masters in Hartford and several other judicial districts since 1986. They are available individually or as a team. In addition, they will work with experienced mental health practitioners where a multidisciplinary model is preferred such as in challenging custody disputes.
For more information see the Family Law page.