Litigation and Alternative Dispute Resolution

The majority of our attorneys regularly investigate, analyze, and litigate a full range of claims and disputes that arise in the 21^st century workplace. While our attorneys are adept at litigation and have a rich history of success in state and federal courts throughout New Mexico, we also stress Alternative Dispute Resolution (ADR) methods such as arbitration and mediation in our employment and labor law practice.  Past successes cannot be an assurance of future success because each case must be decided on its own merits.  ADR is the acronym utilized to refer to procedures for settling legal disputes by means other than litigation. Mediation and arbitration are the most common types of alternative dispute resolution.

Mediation is a private, informal dispute resolution process in which a neutral third party - the mediator - meets with the parties both as a group and on an individual basis. After evaluating the information provided by the parties and based on training and expertise, the mediator makes suggestions to the parties to assist in the resolution of the dispute. While the mediator has no power to impose a decision on the parties, often the parties are able to reach a settlement by using this process.

Arbitration is typically conducted by one person or by a three-person panel. The arbitrator or arbitrators are selected either directly by the parties or designated by an arbitration agency, and act as both judge and jury. After conducting a hearing at which both parties have an opportunity to be heard, the arbitrator or arbitrators render a decision referred to as an "award." The award is final and binding upon the parties and is enforceable through the courts if necessary. As such, the rights of appeal from an arbitration award are limited. Use of alternative dispute resolution generally results in a more expeditious and less expensive process, which is typically more satisfactory to the parties than a traditional lawsuit. The parties often have input in selection of the mediator or arbitrator and control over the process including the date, the location and related scheduling issues. The attorneys at Gilkey & Stephenson have substantial experience handling mediation and arbitration matters, allowing our firm to participate completely in any alternative dispute resolution procedure that a court may order or encourage.