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CAN THE SOLUTION FIT THE DISPUTE?

© Joan Fumia

Suppose you've just moved into your newly built house, only to discover it leaks like a sieve. Or your elderly mother, who lives alone, refuses to move in with you, but obviously needs some supervision. Or your ex-spouse shows up to see the kids any time of the day or night.

Sticky problems, some more complicated than others, but all filled with conflict. In the past, a court hearing before a judge might have been the only nonviolent method of resolution--with no guarantee that any of the disputants would be totally satisfied with the outcome.

Nevertheless, for those contemplating or already engaged in litigation, attorneys and laypeople alike, Lawchek--the Internet's Premier Site for the Legal Community, , is a very useful site. It includes an attorney directory, legal research links to federal and state codes and case law, links to law libraries, and downloadable legal forms.

Today, those concerned about the cost of litigation or its inability to reliably produce satisfactory results can turn to various forms of alternate dispute resolution (often called ADR) to solve problems that arise in virtually every area of life.

The form of ADR most similar in structure to litigation is arbitration. An arbitrator or a panel of arbitrators hears evidence presented by the opposing parties and then issues a decision. Arbitration can be binding or nonbinding. A binding arbitration award may not be appealable, and in that way, would be like a final court judgment.

Arbitration is often used in a commercial context, and two sites that are particularly informative about its use in the business world are the American Arbitration Association, and The CPR Institute for Dispute Resolution, .

Mediation is another type of alternate dispute resolution. The parties in a mediation attempt to reach their own agreement with the help of a neutral mediator or facilitator. If the disputants are successful in reaching a settlement, their agreement can be put into written, contractual form that then becomes legally enforceable in its own right.

Although mediation is most often a voluntary process, in some instances the parties to a lawsuit may be ordered to mediation by the judge. Of course, actually reaching an agreement would still be in the hands of the parties.

There are numerous sites dealing with mediation. One of the most comprehensive sites, and a good place to start a search of the topic, is the Mediation Information and Resource Center, . The site bills itself as the place "where mediators, mediation organizations, and the public meet." The site includes articles that provide an overview of mediation and other forms of ADR, as well as links to a multitude of ADR groups and activities.