Alternative Dispute Resolution

At Hammerle Finley, we use a number of legal tools to achieve results for our clients. While we are always prepared to litigate if that is what is needed to protect our client’s interests, we can often achieve positive results through negotiation and the alternative dispute resolution (ADR) methods of mediation, arbitration, and collaborative law.

Attorney John Narsutis has extensive experience in the field, including work as a mediator, arbitrator, Special Judge, and Master. As a former State District Judge for Denton County for twenty years, Mr. Narsutis earned a reputation for discernment and probity. He now applies his expertise and knowledge to achieving results through alternative dispute resolution methods as well as traditional legal methods.

Attorney Robert S. Morris is a trained mediator. Mr. Morris has over twenty five years experience in using mediation and litigation in matters involving consumer and business disputes, including both tort and contract cases.

Attorney William F. Neal uses mediation and collaborative law to achieve results in the family law area. The use of these legal techniques can focus clients’ attention on the future, rather than dwelling on the wrongs of the past. Children in particular can benefit emotionally from this positive and less stressful approach to the resolution of disputes.

About Alternative Dispute Resolution

Alternative dispute resolution refers to procedures for settling legal disputes by means other than litigation. Mediation and arbitration are the most common types of alternative dispute resolution.

Mediation is a private, informal dispute resolution process in which a neutral third party, i.e., the mediator, meets with the parties both as a group and on an individual basis. After evaluating the information provided by the parties and based on training and expertise, the mediator makes suggestions to the parties to assist in the resolution of the dispute. While the mediator has no power to impose a decision on the parties, often the parties are able to reach a settlement by using this process.

Arbitration is typically conducted by one person or by a three-person panel. The arbitrator or arbitrators are selected either directly by the parties or designated by an arbitration agency, and act as both judge and jury. After conducting a hearing at which both parties have an opportunity to be heard, the arbitrator or arbitrators render a decision referred to as an award. The award may be final and binding upon the parties and may be enforceable through the courts if necessary. As such, the rights of appeal from an arbitration award may be limited.

Use of alternative dispute resolution generally results in a more expeditious and less expensive process, which is typically more satisfactory to the parties than a traditional lawsuit. The parties often have input in selection of the mediator or arbitrator and control over the process including the date, the location, and related scheduling issues.

In collaborative law, the parties to a dispute are both represented by lawyers who work to achieve a positive outcome while protecting their clients’ interests. They focus on producing a fair and workable solution in a non-adversarial manner. If this process cannot go forward and a solution found that both parties deem fair and acceptable, they can resort to traditional litigation.

Hammerle Finley Mediation Services

We provide mediation services from both our Lewisville and Denton offices. Full and half-day mediations are available. To schedule mediation, contact our office at 972.434.4500 or 940.383.9300.