Navigate Your Path Toward Resolution with Blaska Holm

What is alternative dispute resolution (ADR)? The term encompasses private negotiations, mediations, arbitrations, and the like which take place outside the courtroom. Public policy in most jurisdictions heavily encourages the use of ADR, as it is seen as faster and more efficient than a traditional case. It also offers the advantage of being private or even confidential in some instances.

Arbitration

Arbitration is often a requirement in the contract which is the subject of the dispute or, in certain situations, for the type of claim which is in dispute. Contracts with mandatory arbitration clauses will describe how the arbitration will proceed, typically pursuant to the rules and procedures of the American Arbitration Association or JAMS. These arbitrations are usually binding on the parties – i.e., the arbitrator’s (or panel’s) decision is final, and neither party has the option to have a judge or jury decide the case.

Once an arbitration award is issued, the losing party is faced with a variety of difficult decisions, and the party must make decisions on a very truncated timeline. If you have received an adverse arbitration award, call the attorneys at Blaska Holm immediately for a consultation. They have particular expertise in this area of the law, as Jeff Holm successfully argued the leading case in Georgia on arbitration law before the Georgia Supreme Court. See Adventure Motorsports Re. v. Intl. Dealer Servs., 313 Ga. 19 (2021).

Mediation

Many courts will mandate that a party participate in one or more forms of ADR during a case – oftentimes, this is court-ordered mediation. Mediation is a type of structured negotiation, where an intermediary called a mediator attempts to facilitate a negotiated agreement between the parties. The mediator is neutral and does not attempt to actually decide the merits of the dispute; the mediator acts only as a facilitator – the decision to agree on a negotiated outcome rests with the parties themselves.

The attorneys at Blaska Holm have represented clients in hundreds of mediations. In fact, Jeff Holm is a trained mediator registered with the Georgia Office of Dispute Resolution. It is essential to have an experienced attorney guiding you during mediation so that you can achieve the best result or, if necessary, walk away. Contact us if you need representation in an upcoming mediation.

In addition, if you are looking for an experienced business litigation attorney to mediate your dispute, please contact us for a quote. Jeff may have the expertise and availability that suits your needs.