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These days people are expected to attempt to resolve their legal disputes without a Court making the decision. In fact, the court rules generally require people to participate in alternative dispute resolution before the judge will listen to the parties. I have participated in and observed cases parties have not attempted alternative dispute resolution before entering the courtroom. Most of the time the judge will require the people to go attempt Alternative Dispute Resolution before the judge agrees to hear their case.
While judges must work within the constraints of the law the fact is that trial judges wield a lot of freedom so solve the legal problem presented to him or her. Judges have a job to figure out what the facts of the case are and apply those facts to the law. The problem is that the parties, attorneys, other professionals, and judges do not always view the facts in the same way. In speaking from my experiences as a judge’s law clerk and an attorney I can tell you that oftentimes the truth of a matter is somewhere in between what all the parties are telling the judge. How confident are you that the judge is going to see it your way?
It is this freedom to act that creates risk and uncertainty for the parties. One small fact can make a world of difference in a case. Once parties turn the decision making ability over to a judge they lose so much control over what the outcome will be. So, how do you minimize your risk and maintain control in a court case? You reach an agreement with the other party to resolve the case without the judge being the one to make the decision.
And this is where we come in. Not only that, alternative dispute resolution is something that we are really passionate about. Alternative Dispute Resolution allows parties to come up with uniquely tailored solutions for the needs of their case. Alternative Dispute Resolution offers parties an element of creativity that cannot always be wielded by an unpredictable judge. Alternative Dispute Resolution gives parties the chance to resolve their dispute in a collaborative fashion instead of being adversarial. We have been trained in various alternative dispute resolution techniques since 2008.
If you want somebody who can help you and the other parties to your case resolve your problems outside of a courtroom setting then give us a call. We would love to help everyone involved. Benjamin Kaasa Law Office, PLLC, provides a variety of services for alternative dispute resolutions. Click one of the links below for more information.