Life often involves disputes. Divorce, child custody, landlord-tenant issues, debt, property damage, and breach of contract are just some of the most common civil disputes that occur in Wisconsin. At some point in your life, you or someone in your family has likely been involved in one of these kinds of disputes. Opposing parties are not always able to come to a resolution, which is when litigation becomes necessary.

However, litigation comes with its own pitfalls. The process is a matter of public record, which can be uncomfortable or embarrassing. Wisconsin courts often have a backlog of cases, delaying resolution and leaving people in limbo. The legal process is very formal, requiring specific steps, with back-and-forth procedures by the parties. This process can be expensive when done in good faith, but can also be weaponized to delay and increase costs. These pitfalls of litigation can leave people searching for another method to resolve their disputes. This is where alternative dispute resolution (ADR), also known simply as dispute resolution (DR), comes in.

What is ADR?

In the 1970s professionals began recognizing the inefficiencies of the civil litigation system and devised what we now collectively know today as alternative dispute resolution. Simply put, ADR refers to methods used to resolve civil disputes outside the Wisconsin court system. ADR is an umbrella term for several resolution systems. Mediation, Evaluations, Moderated Settlement Conference, and Arbitration are the mostly commonly known forms of ADR.

Why Choose ADR Over Litigation?

Litigation is the traditional form of dispute resolution in Wisconsin. When parties cannot agree, they take the matter to trial. After the exchange of information, the arguing of motions, presentation of cases, and much back and forth, a judge or a jury will render a decision. That then becomes part of the public record and may be used to help resolve future disputes. While this process works, it does not work well for everyone.

Often the costs associated with civil litigation can dissuade people from seeking a remedy. Alternative dispute resolution seeks to change this by streamlining the process, reducing cost, and increasing flexibility. The streamlining also serves to speed up the process of obtaining a resolution. Less time spent in dispute is less time for hurt feelings to build. This can particularly be advantageous when the parties will have continued interactions after the resolution of the case, such as in matters involving minor children’s care and custody. Additionally, ADR is a more private process, as the cases are not included in the published case law for the jurisdiction.

What Are the Different Kinds of ADR in Wisconsin?

In Wisconsin, the methods of alternative dispute resolution range from non-binding peacemaking functions to binding resolutions that carry the same weight as a ruling issued by a judge or jury.

Mediation

The least binding of ADR procedures, mediation is a process in which a neutral third party meets with both sides to hear their arguments. The mediator does not give legal advice, render a decision on the dispute, or give an opinion on who is right, or the strengths and weaknesses of a case. The mediator serves as an assistant to settlement, helping the parties focus on key issues, exchange information, and explore settlement options. In mediation, the parties make their own decisions. The mediator serves as a resolution coach and relationship builder. Additionally, statements made during mediation usually cannot be included in a later court process.

Evaluations

Evaluations, unlike other forms of ADR, are usually limited to the early stages of litigation. With evaluations, both sides meet with a neutral third party to present their case. This neutral third party is often an expert in the area at issue. The evaluator encourages negotiation, identifies areas of common ground, and presents a nonbinding recommendation. This form of dispute resolution can help a party identify their likelihood of success if they move forward with litigating the issue.

Moderated Settlement Conference

As with mediation and evaluations, the parties present their side of the dispute to a neutral moderator. In a moderated settlement conference, after hearing all the information, the moderator discusses with the parties how a judge or jury is likely to receive the arguments and evidence. Knowing this opinion, the parties then enter into settlement negotiations.

Arbitration

Arbitration is a formal ADR process. Unlike mediation, evaluation, and moderated settlement conferences, where the parties remain in control of the final decision by way of settlement or returning to the court, arbitration results in a final ruling. It may help to think of arbitration as a “lite” version of going to court. As with other forms of dispute resolution, the parties agree on a neutral third party. For arbitration, this may be in the form of a single arbitrator or a panel of three arbitrators.

This differs from a civil trial where parties do not get to select their judge. When selecting an arbitrator, the parties will also select the method of arbitration they wish to use. This means the parties are selecting the rules by which they want to resolve their case. Arbitration rules vary. Some closely resemble court processes. Others take some of the ideas codified in the court processes and streamline them. The ability to omit or streamline trial procedures is what makes arbitration faster and less costly than a court trial. Like other forms of ADR, the ruling of an arbitration is confidential.

When and How Does Arbitration Begin?

There are no time limitations on when ADR can begin. This means an alternative dispute resolution process can be used before a case is filed, during a lawsuit, after a trial and ruling, and even in connection with an appeal. In Wisconsin, you may ask the judge in a civil lawsuit to consider your case for alternative dispute resolution. A judge also has the power to order the parties into ADR.

Contact the Family Law Attorneys at Muter Law Office Today

The settlement agreements reached during ADR are binding contracts, thus having an attorney involved is recommended to ensure you understand your rights, options, and what you are agreeing to. Our dedicated and experienced team understands the challenges you’re facing, and we’re committed to providing personalized guidance to support you through this time. With over 45 years of experience in and around Sauk County, WI, we understand your family’s future matters, and taking the right steps today can make all the difference tomorrow. Contact the Muter Law Office today to schedule a confidential appointment to discuss your situation and how we can assist you.