Arbitration and mediation are the two most common forms of what has become know as Alternative Dispute Resolution (ADR).  ADR can involve any type of civil case.  Arbitration is where a neutral third party called an arbitrator hears evidence much like a trial and then applies the law or the rules the parties have agreed upon. Thereafter, the arbitrator renders a decision. In binding arbitration, that ends the matter. In non-binding arbitration, a party has a period of time, usually 30 days, to request court action to  try the matter again. That voids the arbitrator's decision.

Mediation is geared more to a win-win, rather than the win-lose approach often found in arbitration. A neutral third party helps the parties resolve the dispute in a less adversarial approach. Why then, you may ask, would people arbitrate, rather than mediate?  Frequently, one or both sides feel that they have a very strong case factually or legally and may not want to compromise. That is, go with the "winner take all approach."  Though it should be noted, that it is not uncommon for parties to start with an arbitration which transforms into a meditation.

 In essence, parties to an action come to me to aid them in resolving their disputes as an alternative to litigating the matter within the court system. Why?  Many courts are extremely congested and the judges just can't  give a great deal of time to every issue in every case. Moreover, the court route is generally much more expensive and protracted.

Also, ADR is often more amicable than court proceedings. Which is good in any case, but can be a big plus in areas like family law or neighbor disputes where the parties must interact with each other after the litigation is over.  Also, with ADR there are many approaches to resolving cases, which courts are without power to use.

At times, a court may appoint me to hear issues and resolve them by making recommendations to the court. In those instances, I get a fancy title: Special Master.  That occurs mostly in the area of family law.

In any event, for over the past 24 years, I have helped parties resolve their disputes using ADR.  The results have been very satisfying for the parties.

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Law Office of Frank D. Presto III                                 E-Mail: Frank@PrestoLaw.com
4471 Stoneridge Drive, Suite B
Pleasanton, CA  94588
Telephone: 925-846-4006
Fax: 925-426-9215