alternative dispute resolution

There are many ways to resolve conflicts. Unfortunately, it has become most common to pursue a form of win/lose war that we call "litigation." Going to court is seen by most people as the only way to end a dispute, other than simply giving up. There are better ways.

There are alternatives to litigation. Some of these include negotiation/facilitation, mediation, and arbitration. Each approach to conflict resolution has different attributes, benefits, and limitations. What these alternatives to litigation have in common is that they will leave the disputing parties with a better relationship than if the conflict is settled in Court, and they are usually faster, less expensive and more user friendly.

Having a better relationship is important because people who are in conflict will often remain in some continuing relationship. When an agency or utility company or pipeline company acquires an easement from a property owner, the two parties are locked into a long-term relationship. If they are in conflict about the terms of that easement and the dispute is not resolved, the parties must deal with the results of that conflict for a long time.

Universal's ADR staff has extensive experience in land and right of way acquisition work and has been trained in the process skills needed to conduct different kinds of Alternative Dispute Resolution services. Individual staff members have developed ADR programs for the Counselors of Real Estate and for the National Association of Securities Dealers (NASD), and have served on various ADR neutral panels nationwide.

Through Facilitation, a neutral third party can assist with a negotiation by working with the parties to develop settlement ideas and by helping them communicate with each other. By helping each of the participants better understand the other party, an ADR specialist can help them see the perspectives of the other party and expand the potential settlement options. Building understanding will reduce the level of hostility and clarify the intent of the parties.

Mediation is a more formal process in which there is an organized agenda of meetings between the mediator and the parties, exchanging information, and setting deadlines for results. The ADR specialist operates as a neutral third party to help facilitate the negotiations, leaving the parties in control of the settlement.

Arbitration is another process that can be "binding" or non-binding, depending on the choice of the parties. Arbitration is similar to the procedures in a Court, with the production of evidence and even the requirement of testimony under oath. The arbitrator(s) receives all the evidence and testimony from the parties and makes a decision regarding the settlement.

If the parties have agreed on a "binding" process, the arbitrator's decision is final. If the parties agreed on a non-binding process, the decision is not final and the parties can pursue their claims in another forum (such as Court).

Compared to the courtroom alternative, the ADR approach to right of way settlements can be accomplished with these benefits to you:

• Design a mediation or other ADR process for your property acquisition program and provide trained, experienced mediators and neutral parties for mediation and other ADR services.

Contact us for more information on how we can help you solve your problems and put more value into your programs.