Weston Law Firm, P.A.
Alternative Dispute Resolution
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a
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Various
alternative
dispute resolution
methods are available to resolve cases. Because alternative
dispute resolution methods often provide a quick and cost-effective
method of resolving a claim or lawsuit, the attorneys at Weston Law
Firm utilize alternative dispute resolution whenever it appears to best
meet the client's needs. The methods of alternative dispute
resolution are:
Mediation
In mediation, the parties to a dispute or lawsuit discuss the case with a neutral mediator, usually an attorney, who attempts to assist the parties in arriving at a settlement. The mediator does not make decisions, but rather acts as a facilitator to help the parties find common ground and make their own decisions in the matter.
The parties can voluntarily agree to mediation, or the Court may order mediation. In some counties in South Carolina, such as Horry County and Colleton County, mediation is mandatory for certain classes of cases. The trend over time is for mediation to be mandatory in more types of cases, because mediation can be useful in resolving cases and therefore lowering the caseload of the Court. The parties to voluntary mediation mutually choose their mediator. In court-ordered or mandatory mediation, the parties are first given the opportunity to mutually agree on the mediator, but if they cannot agree on the mediator the court will appoint one to hear the matter.
Mediation is usually conducted in the mediator's office, or in the offices of one of the attorneys involved in the dispute. Typically, the parties to voluntary mediation agree to evenly split the mediator's fee. In mandatory mediation the costs are likewise split evenly between the parties. Mediation conferences can last a few hours or multiple days, depending upon the complexity of the matter.
The mediator will typically meet with the group as a whole to allow everyone to state their positions and concerns in the case, and the mediator will then meet with the parties individually in "breakout" sessions to further discuss the matters raised at the group meeting. These individual discussion sessions are designed to allow each party to confidentially discuss matters important to them in the case, so that the mediator can begin to determine the shape and scope of a possible settlement.
In order to conduct mandatory mediation conferences, an attorney must be certified as a qualified mediator by the South Carolina bar. Joseph Weston is a certified mediator in South Carolina.
Arbitration
In arbitration, the parties to a claim or lawsuit submit their dispute to a neutral arbitrator, who is usually an attorney familiar with the area of the law at issue in the case. The arbitrator will allow each side to present witnesses and evidence, after which the arbitrator will issue a decision (arbitration award) in the case. The arbitrator's decision resolves all matters between the parties. In essence, the arbitrator performs the role of the judge or jury, and issues an award in favor of one of the parties. The arbitrator's decision is normally final and binding, and cannot be appealed.
Joseph Weston is a certified arbitrator in South Carolina.
Summary Jury Trial
A summary jury trial, sometimes referred to as a "fast-track" trial, is a voluntary proceeding available in the Court of Common Pleas, where the parties to the lawsuit agree to try the case in a manner which differs in some important respects from a standard trial. Instead of having a circuit court judge preside over the case, the summary jury trial judge is a private attorney mutually chosen by the parties. In addition, instead of a standard twelve person jury, the summary trial is conducted before a six person jury. The parties also are free to reach their own agreement as to the types and scope of evidence which will be admissible at trial.
In the right type of case, a summary jury trial provides several advantages over a standard trial. First, the parties get to choose the exact date on which they will try the case, which allows the parties to more easily secure the attendance of witnesses and prepare for trial. Second, by agreeing to the nature of the evidence that will be admissible at trial, the parties can usually reduce the trial expenses. For example, instead of having doctors or other experts appear to testify at trial, often at great expense, the parties may agree to simply introduce the expert's records or reports in lieu of live testimony. The cost savings gained by streamlining the evidence in the case are offset to some extent by the fact that the parties have to pay the fees of the attorney acting as the summary trial judge.
Mediation
In mediation, the parties to a dispute or lawsuit discuss the case with a neutral mediator, usually an attorney, who attempts to assist the parties in arriving at a settlement. The mediator does not make decisions, but rather acts as a facilitator to help the parties find common ground and make their own decisions in the matter.
The parties can voluntarily agree to mediation, or the Court may order mediation. In some counties in South Carolina, such as Horry County and Colleton County, mediation is mandatory for certain classes of cases. The trend over time is for mediation to be mandatory in more types of cases, because mediation can be useful in resolving cases and therefore lowering the caseload of the Court. The parties to voluntary mediation mutually choose their mediator. In court-ordered or mandatory mediation, the parties are first given the opportunity to mutually agree on the mediator, but if they cannot agree on the mediator the court will appoint one to hear the matter.
Mediation is usually conducted in the mediator's office, or in the offices of one of the attorneys involved in the dispute. Typically, the parties to voluntary mediation agree to evenly split the mediator's fee. In mandatory mediation the costs are likewise split evenly between the parties. Mediation conferences can last a few hours or multiple days, depending upon the complexity of the matter.
The mediator will typically meet with the group as a whole to allow everyone to state their positions and concerns in the case, and the mediator will then meet with the parties individually in "breakout" sessions to further discuss the matters raised at the group meeting. These individual discussion sessions are designed to allow each party to confidentially discuss matters important to them in the case, so that the mediator can begin to determine the shape and scope of a possible settlement.
In order to conduct mandatory mediation conferences, an attorney must be certified as a qualified mediator by the South Carolina bar. Joseph Weston is a certified mediator in South Carolina.
Arbitration
In arbitration, the parties to a claim or lawsuit submit their dispute to a neutral arbitrator, who is usually an attorney familiar with the area of the law at issue in the case. The arbitrator will allow each side to present witnesses and evidence, after which the arbitrator will issue a decision (arbitration award) in the case. The arbitrator's decision resolves all matters between the parties. In essence, the arbitrator performs the role of the judge or jury, and issues an award in favor of one of the parties. The arbitrator's decision is normally final and binding, and cannot be appealed.
Joseph Weston is a certified arbitrator in South Carolina.
Summary Jury Trial
A summary jury trial, sometimes referred to as a "fast-track" trial, is a voluntary proceeding available in the Court of Common Pleas, where the parties to the lawsuit agree to try the case in a manner which differs in some important respects from a standard trial. Instead of having a circuit court judge preside over the case, the summary jury trial judge is a private attorney mutually chosen by the parties. In addition, instead of a standard twelve person jury, the summary trial is conducted before a six person jury. The parties also are free to reach their own agreement as to the types and scope of evidence which will be admissible at trial.
In the right type of case, a summary jury trial provides several advantages over a standard trial. First, the parties get to choose the exact date on which they will try the case, which allows the parties to more easily secure the attendance of witnesses and prepare for trial. Second, by agreeing to the nature of the evidence that will be admissible at trial, the parties can usually reduce the trial expenses. For example, instead of having doctors or other experts appear to testify at trial, often at great expense, the parties may agree to simply introduce the expert's records or reports in lieu of live testimony. The cost savings gained by streamlining the evidence in the case are offset to some extent by the fact that the parties have to pay the fees of the attorney acting as the summary trial judge.
- PRACTICE AREAS INCLUDE
- Insurance Law & Defense
- Automobile Accidents
- Personal Injury
- Workers' Compensation
- Criminal Defense
- Mediation & Arbitration
- Business Disputes & Litigation
- Divorce & Separation
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