Law Offices of Larry R. Davidson

Alternate Dispute Resolution
ADR Solutions

Many problems can be resolved outside of the courtroom in a much more expeditious and less costly manner. It also keeps the disputes private. In many instances the parties have an ongoing business relationship, and airing that out for the public to see is not very advantageous. ADR can keep it private. Two alternatives are discussed below.

Arbitration. A common ADR method is arbitration, where the dispute is decided by an arbitrator, who is a "fact-finder". The advantage to this method of resolution is that the process can be streamlined by the parties, thus reducing the expense. Arbitration can be established through prior agreement of the parties, by court referral, or by post-incident agreement of the parties.

Familiarity with the particular legal issue is not necessary, although it helps. For example, Larry knows what a bill of lading is and how it works. Still, arbitrators rely upon the parties to support their respective positions. Larry has arbitrated several cases that did not involve transportation law.

Mediation. Another method of resolving disputes is through mediation, where the parties sit down with a "neutral" and hash out their differences. Mediation is especially useful where the parties want to preserve a current business relationship. Also, mediation is very useful where the parties want to resolve an issue promptly and at a substantially reduced cost. Any agreement that is reached is by the parties themselves, with no "fact-finder" involved. Studies show, and human nature confirms, that people are more apt to live up to their own agreements than to court-ordered judgments. The parties can be very flexible in their agreements, which can be later enforced through the courts if necessary.

Statewide Committee Chairperson. In 1998-1999 Larry was the chairperson of a statewide committee, which was formed by the Oregon Bar Association and Multnomah Bar Association (Portland area), to promote ADR resources in Oregon. Larry was also the editor of a book that the committee published in 1999, entitled Oregon Lawyers' ADR Resource Directory.

ADR Solutions. In view of his interest in ADR, Larry has a separate business, known as ADR Solutions, in which he offers his services as an arbitrator or mediator. This business provides a variety and dovetails to Larry's interest in ADR. Larry's practice as an adversary helps him sort through the divergent points of view. Also, he finds that serving as a "neutral" helps him in my primary role of serving as an advocate, so there is a synergy to the combination.

Other Activities. Larry has taken the required 40 hour mediation course, and also currently serves as a volunteer mediatior for the Multnomah County Circuit Court.