When facing a difficult legal dispute, a quicker and less-costly resolution may be possible through Alternative Dispute Resolution (“ADR”). The attorneys at DesChamps Law Firm can help you approach various disputes using an alternative approach, often through ADR, such as Mediation. We’re here to help you explore all your options as we find ways for you to move beyond the legal challenges preventing you from concentrating on your business or organization.
Trials and civil court lawsuits are the traditional methods used to resolve legal disputes. If the case gets to trial, it becomes a contest between the parties for the fact-finder (either a judge or a jury) to decide what happened, and then apply the law to those facts in making a decision. Winning is the most important concern in the trial of the case. Horry County is a mandatory alternative dispute resolution (ADR) venue, meaning that mediation is required for most actions filed in our Circuit Court before the case can be tried before a judge or a jury. Our Managing Attorney and Founder, Bill DesChamps, is both a Certified Mediator in the United States District Court, District of South Carolina and the South Carolina Circuit Court (having been a Certified Circuit Court Mediator since 1994), and encourages mediation early in the litigation process. Our Litigation Attorney, Trey DesChamps, has also been a Certified Circuit Court Mediator since 2014.
Mediation is a collaborative process in which the mediator helps each party understand the dispute from the opposing party’s point of view. Whether or not each party agrees with the other’s claims is not as important as the cost-benefit analysis to each in accepting a compromise settlement prior to trial. Compromise rather than winning is the most important concern in mediation.
Arbitration is another type of ADR in which the parties involved in a civil dispute present their case to a neutral third party, who delivers a decision. The submission to arbitration is typically pursuant to a contract, an agreement of the parties, or a court order. If a civil dispute is submitted to arbitration pursuant to a contract, the terms and conditions agreed upon in the contract normally govern the procedure and appeal rights. If the civil dispute is submitted to arbitration pursuant to the voluntary agreement of the parties or a court order, the South Carolina ADR rules generally apply. Our Managing Attorney and Founder, Bill DesChamps, is a Certified Arbitrator and is often chosen by his peers or the Court to arbitrate complex cases.
To explore alternative means to resolving real estate or business-related disputes, speak with a lawyer with DesChamps Law Firm in Myrtle Beach. Set up a meeting by calling 843-213-6430 or by contacting us online.