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Welcome to Vegas Lawyer. This site is for people who were hurt in Nevada. Contact us for a free consultation. You may want to read the Las Vegas Personal Injury Law introduction on our home page. Also, you can get an overview of other claims like Wrongful Death, Auto Accidents, Slip & Fall, and Products Liability before you explore the Article below.

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Alternative Dispute Resolution Options

ADR OPTIONS

A. Mediation

Mediation is a process by which a neutral (mediator) assists the parties in the negotiation process. A mediator does not make findings, but assists the parties in determining their interests and the interests of the other parties. The mediator then assists the parties in determining how to satisfy these interests through a mutually acceptable resolution of the issue in controversy.

B. Factfinding

The fact-finding process involves "the investigation of issues specified by a third-party neutral who is selected by the parties for his or her subject matter expertise." The factfinder may be charged with conducting an independent investigation or with receiving a presentation of the facts by the parties in a formal or informal setting. Factfinding is intended to (1) narrow factual or technical issues in dispute or (2) provide an evaluation of the likely outcome of the dispute. The parties may develop factfinding procedures which usually result in a written or oral report by the factfinder.

C. Minitrial

A minitrial is a structured settlement process in which the parties agree to a procedure for presenting their case in an abbreviated version (usually no more than a few hours or days) to senior officials for each side who have authority to settle the dispute. The process allows those in senior positions to see "how their case and that of the other party play out, and can serve as a basis for more fruitful negotiations. Often a third-party neutral presides over the hearing and may subsequently mediate the dispute or help parties evaluate their case. The parties develop procedures for a minitrial that normally results in a written ADR process agreement.

D. Arbitration

Arbitration involves the use of a third-party neutral to hear each side's case and then to render a decision. The parties can submit all, or a portion of the issues, whether factual, legal, or remedial. Because arbitration is less formal than a courtroom proceeding, parties can agree to relax the rules of evidence and use other time-saving devices. The decision of the arbitrator may be binding or non-binding, depending upon the agreement of the parties.

E. Settlement Judge

A settlement judge can be used to facilitate a resolution because settlement can often be fostered by a frank, in-depth discussion of the strengths and weaknesses of each party's position with the settlement judge. Meetings with the settlement judge will be flexible to accommodate the requirements of the parties. The settlement judge may meet with the parties either jointly or individually to further the settlement effort. A settlement judge's recommendations are normally nonbinding unless the parties stipulate otherwise.

F. Other Agreed Methods

The key to ADR is flexibility. The parties and the neutral may agree upon other informal methods that are structured and tailored to suit the requirements of the individual case. Because all ADR methods are consensual and voluntary, the parties must first agree to submit to ADR and then must define the ADR procedure they desire. Combinations or permutations of the above methods provide infinite choices to the parties, subject only to their joint agreement.

This information came from a
JAG online article.

*** Any law, statute, regulation or other precedent is subject to change at any time ***

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DEMPSEY, ROBERTS & SMITH, LTD.
520 South Fourth Street, Suite 360
Las Vegas, Nevada 89101

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A Las Vegas Lawyer can help you in any area in Nevada, including:

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