Business Law
Business Counsel Business Formation Business Transactions Business Litigation Succession Planning Employment Law Real Estate Law Tax PlanningEstate Planning
Estate Planning Wills & Living Wills Trusts & Living Trusts Funding Your Trust Charitable Trusts Special Needs Trusts Trust Administration Probate
Litigation
Civil Litigation Litigation Support Insurance Defense Mediation Alternative Dispute
ResolutionAlternative Dispute Resolution
There are times when individuals and businesses are faced with issues that require protection of their rights against the claims of others. Tuesley Hall Konopa attorneys approach these situations with the understanding that time, money and our clients' reputations are at issue. We practice preventive law and use our significant negotiation experience, including alternative dispute resolution, as a first attempt to resolving issues.
Alternative Dispute Resolution or ADR is a broad term that covers three main subtypes of dispute resolution:
- Negotiation which is any attempt to resolve a dispute that does not involve the aid of a neutral third party; a panel of three arbitrators
- Mediation is like negotiation, except that a neutral third party, the mediator, attempts to facilitate a resolution between the disputing parties. A mediator cannot, however, impose a resolution on the parties
- Arbitration, like mediation, involves a neutral third party; but unlike mediation, that third party imposes a resolution on the disputing parties. In arbitration, the parties may agree to be bound by the resolution of the third party
ADR has four primary benefits over litigation. These benefits likely explain the dramatic drop in the number of cases resolved at trial.
- ADR is almost always much less expensive than litigation. Litigation, mainly in the form of attorneys’ fees, can be very expensive. In some cases, the cost of litigating a matter can exceed the amount in controversy.
- ADR is often faster than litigation, saving not only time, but money as well.
- ADR is private, which allows the parties to keep the existence of their dispute and its details to themselves. In contrast, litigation is open the public.
- ADR allows the parties to select the person who will resolve, or help to resolve, the dispute. In litigation, the parties have very little control over the judge or jurors who will hear and decide the case, which introduces another element of risk in the process.
Robert J. Konopa has years of trial experience combined with mediation skills acquired from formal training, experience and a negotiator's instinct. He approaches each situation with the understanding that time, money and his clients’ reputations are at issue. Whether it is a dispute over goods and services, enforcement of contract rights, real estate challenges, recovering debts, human resources issues, personal injuries or wrongful death, he will look at alternative dispute resolution as a first attempt to resolving issues.
In cases where litigation becomes the necessary course of action, Robert J. Konopa and his staff will devise appropriate legal strategies to minimize liability, exposure, and expense for our clients, while maximizing recovery.
