A judge or judicial circuit may establish an alternative dispute resolution program for disposition before trial of certain civil cases with the goal of saving time and expenses to litigants. The right to a trial is preserved in the event a satisfactory settlement is not achieved through the alternate dispute resolution process. All of these processes may be used before trial or even before filing suit, if the parties desire it. You and your attorney should decide what information you need to gather before engaging in a particular dispute resolution process. The length of time varies depending on the type of process chosen, but generally you have more control over the scheduling because the process is not restricted by the caseload on the courts docket.
Some programs offer dispute resolution services without cost to the parties.
In other cases the parties decide what portion of the fees each party will pay. The neutral persons involved in dispute resolution may be attorneys themselves, but are not acting as your attorney and will not give legal advice to you during the process. You are encouraged to be informed about your legal rights by seeking independent legal counsel. The neutral person or panel selected should understand and be trained in use of the dispute resolution process chosen. The type of process being used and the subject matter involved should be considered in determining the mount of knowledge and expertise that the neutral should possess.