Alternative Dispute Resolution
As a neutral, Mr. Price is regularly selected by attorneys and real estate brokers in the community to serve as a Mediator and/or an Arbitrator for parties pursuing what is known as Alternative Dispute Resolution (ADR). The costly, intrusive, and time-consuming nature of litigation has created a strong demand for Alternate Dispute Resolution that avoids the negative aspects of litigation by using individuals, such as retired judges, attorneys or professionals with expertise in a field, to serve as a private tribunal. Mr. Price also serves as a Judge Pro Tem for the Santa Clara County Superior Court.
Alternate Dispute Resolution Practice
As an advocate, PRICE LAW FIRM attorneys actively pursue opportunities for alternate methods of dispute resolution that are appropriate to our clients and to the problems with which they are confronted. In appropriate circumstances, ADR may be the best method to seek a remedy. Many times no choice is available, as the contract requires Mediation or Arbitration rather than allow the parties to employ the judiciary system.
Business entities frequently provide for private dispute resolution in their contracts. A common method of doing so involves the use of arbitration as an alternative to court litigation. The contractual terms can limit access to the court system, limit types of damages, modify statutes of limitations, restrict the use of intrusive and costly pre-trial discovery, and provide for a speedy resolution of disputes. There is no right to a jury, and an Arbitration Award is binding – there is no opportunity to appeal the decision, except in extraordinary circumstances.
Harry I. Price of PRICE LAW FIRM has extensive experience with the common types of arbitration, i.e., court-supervised non-binding arbitration and binding arbitration employing individual neutral arbitrators, or securing the services of service providers including Judicial Arbitration and Mediation Service (JAMS), Judicial Arbitration and Referral Service (JARS) or the American Arbitration Association (AAA).
Mediation is a settlement conference, employing a third party to act as a go-between. Potential litigants have become increasingly amenable to Mediation as a method of resolving disputed claims. The primary advantage of mediation is that it provides an opportunity to achieve an innovative, negotiated resolution, rather than one that is imposed by a third party. Mediation as a means of Alternate Dispute Resolution is frequently required in commercial contracts. Harry I. Price of PRICE LAW FIRM has successfully resolved many disputes for clients through mediation in contractual and real estate related disputes.
Referee or Special Master
Parties sometimes employee a third party neutral for one aspect of a case, such as to perform an accounting, or to supervise a winding-up of a business venture. Complex matters that commence in the court system make frequent use of private attorneys or professionals to oversee and make findings on portions of a legal matter, subject to court confirmation. Use of such a process may add an additional layer of costs, but has historically been found to be cost effective in bringing a dispute to a swift and thorough conclusion. Harry I. Price of PRICE LAW FIRM has both served as such a neutral, and presented or defended claims on behalf of clients required to participate in such a process.