Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) includes mediation, early neutral evaluations, and other form of creative ways to resolve lawsuits short of trial. Elizabeth Bennett-Martin has a Master of Laws degree in Civil Litigation and ADR, and our firm as extensive experience in ADR.   All of our lawyers will canvass with our clients the possibility of alternative resolutions early in the litigation process to see if an action may be resolved at an early stage. If it is not possible at an early stage the issue will be revisited throughout the litigation as appropriate.

Arbitration

Arbitration is dispute resolution by a private court in which the parties select the judge or arbitrator. Bennett Gastle has extensive experience in arbitration and a growing practice in this area. We have undertaken international arbitrations under the UNCITRAL Rules (administered by the Permanent Court of Arbitration in the Hague) as well as the American Arbitration Association. We have also engaged in various domestic arbitration processes.  Arbitrations are required whenever there is an arbitration clause in a contract. They can also be entered into voluntarily even after a dispute has occurred. There are a number of advantages to arbitration, in that one can pick the arbitrator, an ability to shape the procedure and there is very limited scope of appeal. Pursuant to the New York Convention, 1958, almost all countries automatically register arbitral decisions as orders of the domestic court. However, there can also be disadvantages with arbitrations depending on the circumstances. The parties are responsible to pay the arbitrator(s) fees.  The document production process and the number of pre-hearing and post-hearing briefs can be costly.  However, in almost all circumstances, it is a superior procedure to that of the civil proceedings in the regular court due to the timeliness at which it can occur.