What Is Alternative Dispute Resolution?

Alternative dispute resolution (ADR) is any structured process—outside the public courtroom—that empowers parties to settle conflict through negotiation, mediation, or arbitration, saving time, money, and stress.

How Our Baltimore ADR Attorneys Guide You From Conflict to Closure

Baltimore alternative dispute resolution attorney Jonathan Schochor leads a team that treats every dispute as a human problem before it is a legal one. Our singular goal is to secure a fair, enforceable outcome while sparing you the strain of protracted litigation.

Kerry Staton, a seasoned Maryland ADR lawyer, pairs negotiation skill with deep subject‑matter knowledge—particularly in complex medical malpractice conflicts—to keep the focus on resolution rather than blame. When a neutral third party is needed, arbitration counsel Jim Cardea ensures the panel understands the technical and emotional stakes on every page of the record.

Understanding the Core of ADR

ADR offers disputing parties a private forum in which they control the schedule, the selection of neutrals, and the confidentiality of the record—factors a public courthouse cannot guarantee. Because discovery, motion practice, and appeals are either limited or eliminated, ADR commonly trims case lifecycles from years to months and reduces average legal spend by more than 40 percent.

Why Clients Choose ADR Over Litigation

Clients choose ADR because courtroom uncertainty threatens relationships, budgets, and reputations. By contrast, mediation or arbitration delivers:

• Speed. Disputes that might linger three years in court typically resolve within six months in ADR.
  
• Cost savings. Fewer filings and a compressed timeline translate to lower attorney fees and expert‑witness costs.
  
• Control. Parties have a voice in selecting mediators or arbitrators with the precise expertise—medical, engineering, or financial—that the controversy demands.
  
• Confidentiality. Sensitive business data or medical details stay out of the public record.
  

When our Baltimore ADR attorneys highlight these benefits early, clients understand the tangible upside of stepping off the litigation escalator.

The Main ADR Paths Explained

Negotiation

Negotiation is the most flexible ADR process because the parties and their counsel run the agenda. Maryland negotiation lawyer Jonathan Schochor structures each session with an issues list and target ranges, ensuring every proposal moves the needle toward consensus.

Mediation

Mediation introduces a neutral facilitator who guides conversation, tests assumptions, and drafts a non‑binding settlement agreement. Baltimore mediation attorney Michael W. Goldberg often employs “shuttle diplomacy,” meeting separately with each side to uncover creative trade‑offs that would stall in a joint session.

Arbitration

Arbitration resembles a private trial. A single arbitrator or a panel hears witnesses under oath, reviews evidence, and issues a binding award that courts will enforce absent fraud or manifest disregard of the law. Senior arbitration counsel Jim Cardea prepares streamlined evidentiary packets so the panel can rule on merit rather than procedural clutter.

Neutral Case Evaluation

A subject‑matter expert provides a non‑binding opinion on merits and likely damages, giving parties a reality check that narrows the gap between demand and offer.

Collaborative Law

In collaborative law, each side retains specially trained counsel and signs a participation agreement pledging to resolve issues without court. If talks fail, the lawyers must withdraw, motivating everyone to find solutions.

Summary Jury Trial

A mock jury hears abbreviated arguments and returns an advisory verdict—often paving the way for settlement at the courthouse steps.

Common—and Uncommon—Matters Resolved Through ADR

• Medical malpractice (claims of surgical error or diagnostic delay)
  
• Birth injury compensation
  
• Wrongful‑death allocation disputes among family members
  
• Mass tort settlement frameworks
  
• Hospital peer‑review disagreements
  
• Uncommon: cross‑border telemedicine liability, blockchain health‑record breaches, pandemic‑related triage policies, fertility‑clinic embryo loss claims, multi‑state opioid‑treatment funding disputes
  

These diverse cases illustrate why alternative dispute resolution advocate Kerry Staton tailors strategy to the clinical and emotional nuances of each file.

ADR vs. Litigation: A Side‑by‑Side Snapshot

Because outcomes in court hinge on crowded dockets and procedural motions, Baltimore settlement counsel Jim Cardea urges early ADR exploration, especially when ongoing professional relationships are at stake.

Step‑By‑Step: How Our Attorneys Navigate the ADR Process

1. Case Assessment. We triage liability, damages, and insurance coverage to confirm ADR suitability.
   
2. ADR Clause Review. If a contract exists, Maryland ADR lawyer Jonathan Schochor evaluates enforceability and scope.
   
3. Neutral Selection. We craft a shortlist of mediators or arbitrators with the precise medical or technical expertise the matter demands.
   
4. Information Exchange. Limited, focused discovery or disclosure sets the factual foundation without runaway costs.
   
5. Session Preparation. Each witness receives concise questioning outlines; exhibits are distilled into annotated binders.
   
6. Hearing or Mediation Day. Counsel present opening statements, evidence, and—where permitted—closing briefs.
   
7. Award or Settlement Drafting. We ensure the written terms anticipate compliance hurdles and contain enforcement mechanisms.
   
8. Post‑Resolution Follow‑Through. Our team monitors payment schedules and injunctive steps so the hard‑won deal becomes reality.
   

Costs, Fees, and Timing: What to Expect

The American Arbitration Association reports that the average commercial arbitration under $1 million in controversy concludes in 295 days, compared with more than 840 days to verdict in comparable state‑court actions. Filing fees start around $1,500, and neutral compensation averages $400‑$600 per hour—expenses that typically pale against extended deposition and motion practice in civil court.

Enforcing an ADR Outcome

Arbitration awards enjoy near‑automatic confirmation in Maryland federal and state courts, granting the prevailing party swift access to collection tools. Mediation settlements enter as binding contracts, and counsel can file consent judgments for immediate enforceability. Baltimore ADR attorney Jonathan Schochor drafts award language with clear deadlines and penalty clauses to discourage post‑agreement foot‑dragging.

Frequently Asked Questions

Is ADR Voluntary?

Yes, unless a prior contract mandates it. Even then, parties may agree to waive the clause if litigation better serves justice.

Can I Still Sue After Mediation?

If mediation ends without agreement, litigation remains open. Once you sign a settlement, however, the dispute is closed.

Who Pays the Mediator?

Costs are usually split equally, but the settlement can reallocate fees based on bargaining power or equity concerns.

Do I Need an Attorney?

Absolutely. The neutrality of the mediator or arbitrator does not substitute for the advocacy of an experienced Maryland dispute‑resolution lawyer such as Kerry Staton.

Key Takeaways From Competitor Pages

Competitor sites emphasize speed, cost, and privacy but often overlook how specialized legal insight shapes each stage of ADR. We focus on the why—because motive matters: clients adopt ADR not merely to avoid court but to preserve relationships, manage reputational risk, and secure tailored remedies a judge cannot always grant.

Our Baltimore medical malpractice attorneys integrate clinical insight, trial‑tested advocacy, and empathy so your voice is heard and your future protected.

Ready to Resolve Your Dispute?

Contact our team or call at (410) 234‑1000 to schedule a confidential consultation. The sooner you explore alternative dispute resolution at Schochor, Staton, Goldberg, and Cardea, P.A., the sooner peace of mind is within reach.