Discovering opportunities in alternative dispute resolution
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“If you’ve got a problem, don’t take the law into your own hands - take it to court.” Television spokesperson Doug Louellen routinely delivers this line into America’s living rooms as his small claims court drama, “The People’s Court,” draws to a close. His words echo what has become a rallying cry for modern America. We shake our fists. We threaten to sue. We’ve been trained to believe that if we’ve got a problem, then throwing a lawsuit at it is usually the answer. But in the fast-growing field of alternative dispute resolution, a different perspective is emerging. A burgeoning number of businesses and individuals are stepping cut of a court system heavy in procedures, delays and - most importantly - expense. Instead, they are moving toward resolution processes such as mediation and arbitration, which can often be performed in a half day and can save tens of thousands of dollars in legal expense. For CPAs, ADR presents not only a cost-effective way to handle client disputes, but also an opportunity to expand your business. As professionals trained and experienced in maintaining independence and objectivity - which are the cornerstones of ADR methods such as mediation - CPAs are beginning to discover that they are uniquely qualified for dispute resolution work (see sidebar: “Cry Me A River,” Page 22). The following steps provide an outline of how you can get involved. Step One: Know the Methods “ADR is a formalized version of sitting around a table and trying to work out your differences,” explains CAMICO Vice President of Claims and Loss Prevention Ron Klein. Both mediation and arbitration are often court-mandated actions, yet Klein and many other ADR proponents are quick to point out that they work best as early steps - steps that should be taken well before disputes become entwined in the court system. Two fundamental and frequently used ADR techniques are mediation and arbitration. These distinct dispute resolution practices are seriously misunderstood and often confused. “There’s a widespread assumption that arbitration and mediation are the same thing, even among judiciary members,” laments Nicholas Dewar, CPA, a San Francisco-based sole practitioner and mediator. Arbitration comes in several different forms, but always relys Source : accessmylibrary.com |