Alternative dispute resolution (ADR) refers to procedures for settling legal disputes by means other than litigation. The lawyers of Willcox, Buyck & Williams, P.A. have decades of experience assisting clients in South Carolina with alternative dispute resolution. We have the confidence of our peers, who honor us by asking us to serve them as private judges, arbitrators and mediators.
Mediation and arbitration are the most common types of alternative dispute resolution in Florence and Myrtle Beach. The parties involved may include a mandatory mediation and/or arbitration clause in their contract or may agree to use a particular alternative dispute resolution procedure after a dispute has arisen.
Mediation is a private, informal dispute resolution process in which a neutral third party (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 is final and binding upon the parties and is enforceable through the courts if necessary. As such, the rights of appeal from an arbitration agreement are limited.
The Merits of Alternative Dispute Resolution
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 the selection of the mediator or arbitrator and control over the process including the date, the location, and related scheduling issues.
The most sophisticated litigators take their trial preparation to a higher level by practicing their case in a mock trial. We serve as the presiding judge in such mock trials, sometimes with a mock jury. Willcox, Buyck, & Williams, P.A. is also active in mock trial activities to further professional development and to strengthen legal standards.
Contact Our Dispute Resolution Lawyers
At Willcox, Buyck & Williams, P.A., our lawyers have experience serving as and working with mediators and arbitrators, which enables our firm to participate completely in any South Carolina alternative dispute resolution procedure that a court may order or encourage.
Contact us to set up an appointment with one of our lawyers. We respond quickly to all correspondence and always keep clients abreast of developments in their cases. From law offices in Florence and Myrtle Beach, South Carolina, we serve Myrtle Beach, Surfside Beach, Garden City, the Grand Strand, and other communities throughout Florence County, Marion County, Horry County, Darlington County, and Georgetown County.