Alternative Dispute Resolution in Virginia

Overview: As the Virginia Supreme Court has pointed out, "The law favors compromise and settlement of disputed claims." In support of this mantra, the Virginia legislature has codified the Virginia Uniform Arbitration Act, specific mediation provisions, and, more recently, guidance concerning other dispute resolution proceedings. With many options—other than traditional litigation—available to an attorney today to help resolve disputes, a basic knowledge of each is necessary to facilitate making the choice that ultimately is in the best interests of the client. The purpose of this chapter is to alert practitioners to the broad array of alternative dispute resolution (ADR) proceedings available in Virginia. In deciding whether, and what type of, ADR proceeding is most appropriate to the unique circumstances of a given case, the practitioner must be aware of some basic elements like the definition of ADR, advantages of ADR, the obstacles to ADR; etc. Despite the fact that dispute resolution proceedings are an alternative to traditional litigation in a public court, the court still often plays an important role when parties opt for ADR. Any requests to utilize ADR instead of litigation should be made jointly to the court by the parties.

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Format: HTML | Date: Mar 2000 | Pages: 1