ALTERNATIVE DISPUTE RESOLUTION (ADR)
is a term describing a variety of
methods used to resolve conflicts between individuals, businesses and
governmental agencies outside the structure of the judicial system. The two
most common methods are mediation and arbitration. These methods are
designed to resolve disputes at a lower cost and generally much faster than
the formal court system.
MEDIATION uses a neutral third
party to assist parties in reaching a satisfactory resolution of their
differences on term acceptable to the parties. It is not binding, and the
mediator does not have the authority to impose a settlement on the
ARBITRATION also utilizes a
neutral third party. However, arbitrators make a final and binding
decision. It is a substitute for a trial by a judge or jury.
ADR and YOU...
ADR has become an effective alternative to prolonged, costly litigation
through the intervention of an experienced, neutral third party.
ADR offers the opportunity
to resolve conflicts that may arise in any transaction or contractual matter
and cannot be readily resolved by the parties. Mediation is particularly useful
where the parties to a have an interest in maintaining a good business and
professional relationship. Surveys by the American Arbitration Association
indicate that 90% of the people in the United States would prefer to settle disputes
without going to court.
Joe H. Henderson
has worked for over 40 years as a specialist in the field
of Alternative Dispute Resolution. He has adjudicated and written
over 2,000 awards as an arbitrator and actively participated as a mediator in a
significant number of cases. His diverse experience includes a multiplicity
of issues in a wide variety of interests. These issues include: court
referred cases, personal injury, professional malpractice, contract
interpretations, real estate and insurance disputes,
contractor/architect/owner disputes, discharge, discipline and sexual
In addition to being a specialist in ADR, Joe has lectured at numerous
training programs and seminars on ADR, grievance handling, mediation and
arbitration, He served as the Dean of Empire School of Law in Santa
Rosa where he taught ADR for over 7 years.