ADR Process

Our Dispute Resolution Process

Why should you attempt to resolve your case through Mediation or Arbitration?

McDevitt Mediation Center in Merrillville - Northwest Indiana
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Once a Civil or Divorce case is filed in Court, the legal process can be a lengthy one. At the end of that process, a Judge or jury will decide your fate.

Alternative Dispute Resolution (“ADR”) gives you the opportunity to resolve your dispute yourself—through Arbitration or Mediation—usually much faster than a Court can.

The Mediation Process

Mediation is a way for people to resolve disputes themselves by using the services of a third-party neutral or facilitator—a Mediator. As your Mediator, we will help you identify issues, search for solutions, and assist you in reaching a voluntary agreement. In a Mediation, the parties make the final decisions, not the Mediator…and not a Judge or jury.

As your Mediator, we won’t represent either party, take sides or give legal advice, and, as former judicial officers, we won’t have a bias or prejudice against either party or their position.

The Mediation process is completely confidential — What you say to us as your Mediators in the confines of your discussion with us will not be shared with the other party without your explicit consent.

Mediation sessions can last anywhere from several hours to several days – but Mediation is usually a much faster solution for the parties than waiting for a Judge or jury to hear and decide the case.

The Arbitration Process

Arbitration is a process in which one or more neutrals (Arbitrators) render a decision after hearing arguments and reviewing evidence. The parties give the Arbitrator the power to make a decision for them. As your Arbitrator, our decision can either be binding or non-binding, depending upon the facts and the case type. A binding decision by us as your Arbitrator is final, and the decision can be enforced against either party. If the decision is non-binding, the decision we make is advisory in the aid of settlement.

In a typical Civil Arbitration, both attorneys representing the parties in a dispute name an Arbitrator to sit on a three-person Arbitration panel. In our Arbitration practice, after the attorneys for the parties name the Arbitrator of their choice to sit on the Arbitration panel, our Arbitrators are selected by the two previously selected panelists to serve as the third Arbitrator, or the Panel Chair.

In a Divorce Arbitration, the process is typically conducted by one Arbitrator, whose decision is binding to the parties. Divorce Arbitration is a way to either settle particular issues while a Divorce is pending, such as custody of children, support, maintenance, etc., or an Arbitration decision can resolve the entire Divorce.

In either type of Arbitration, we serve as neutrals, and we’re bound by a Code of Ethics and Indiana’s Alternative Dispute Resolution rules.

Don’t let your case drag out in Court for months or years. Call McDevitt Mediation Center and we will try to help you resolve your dispute in a confidential, dignified
setting.