Alternative Dispute Resolution [ADR] Services for Civil Disputes

Female_Handshake_smAdlitem Solutions offers alternative dispute resolution [ADR] services.  Owner and lead consultant, Dan DeFoe, JD, MS, has served as a qualified mediator and arbitrator for over 15 years, and has successfully completed the training specified by Rule 17 of the Missouri Supreme Court Rules for qualification as a provider of mediation services as an alternative mechanism to resolve civil disputes.  Special rules apply, and the ADR services offered by Adlitem Solutions as discussed here do not apply to family law disputes.

NOTICE and CAVEAT

Adlitem Solutions does not provide legal services by offering or providing ADR services.  Dan DeFoe does not provide legal services by offering or providing ADR services through Adlitem Solutions.  No attorney-client relationship occurs by reading this information or engaging Adlitem Solutions or Dan DeFoe for purposes of ADR services for civil disputes.

Primary Geographic Service Area

The primary geographic service area for the ADR Services for Civil Disputes provided by Adlitem Solutions through Dan DeFoe JD MS is Jackson County, Missouri, and the counties which surround Jackson County.  

Adlitem Solutions can and will provide ADR services in any locale or state if mutually beneficial to all parties and by mutual agreement after consultation.

Lead ADR Services Provider

Adlitem Solutions provides ADR services by its owner and lead consultant, Dan DeFoe.  He has over 20 years experience in personally handling and successfully resolving civil disputes.  Dan, a trial attorney, has personally handled over 70 civil jury trials as “first chair” in most counties in western and southwestern Missouri state courts, and dozens of civil appeals.  He also has a master of science degree in organization development psychology and has obtained special training and has earned certifications in leading personality and emotional intelligence assessment instruments.

His twenty plus years of legal experience includes his service as an appellate judicial law clerk, small firm attorney, solo practitioner representing individuals and small businesses, of counsel litigation attorney with a multi-office civil defense firm, and in-house corporate trial attorney for two corporations.  Dan DeFoe worked as an allied health professional for over five years prior to entering the legal profession.

ADR Services Subject Areas,

Consumers of ADR services may desire that their ADR services provider have expertise and experience in specific subject areas.  Dan DeFoe has extensive experience in personal injury and insurance matters.  Dan’s background in organization development psychology provides him additional insight and expertise regarding organizations and their members.

Dan DeFoe owns and maintain a popular and thought-provoking blog – Psycholawlogy, www.psycholawlogy.com.  As its lead blogger, he regularly posts about a variety of  topics which involve applied psychology and the legal profession and lawyers.

Finally, as Dan has mediated and arbitrated attorney fee disputes for over 15 years as a volunteer in his state bar’s volunteer services program, he has special expertise in issues related to attorney – client agreements, attorney fees, litigation expenses, and other related matters, any one or more of which can impact opportunities for successful resolution.

ADR Services Philosophy, Logistics, and  Special “Flat Fee” Program

Cost is an important consideration when litigants participate in ADR services.  Parties want to reduce risk exposure and hope that occurs efficiently and economically.  Dan DeFoe wants parties and counsel to optimize their opportunities in these matters.

Dan DeFoe has successfully resolved hundreds of personal injury and insurance claim and coverage lawsuits in capacities as a corporate representative and attorney of record.  He has experienced them firsthand and has personal knowledge of the usual obstacles to reaching a satisfactory resolution.  Dan believes that he knows what works.  He has special understanding about personality dynamics and communication.

Since he is an experienced facilitator, Dan understand that the parties and their counsel want to get down to the business of settlement resolution, and he does not focus on small-talk or “war stories”.  Dan DeFoe has a mission – present parties and counsel a new option and make a difference in the ADR services arena.  He brings all of his education, training, knowledge, and experience to the ADR settlement process  for each matter or case, party, and counsel.

From his extensive experience, Dan knows that these are “important” cases for the parties, and believes that a large percentage of automobile and premises liability cases are “garden variety” in terms of general issues.  As such, these cases often present good to excellent prospects for successful resolution.

Please contact Dan DeFoe directly to discuss his “flat fee” program, which features free local travel to your location of choice in the primary geographic service area of Adlitem Solutions, and no “hourly billing” or additional overhead costs or administrative fees or set-up charges for these cases, and his fees for services in all other cases.

Purpose of ADR Services

The dispute resolution services offered by Adlitem Solutions have the purpose to assist the parties to a civil dispute in reaching a satisfactory settlement before commencing a civil lawsuit or during a lawsuit before trial commences.  Dan DeFoe believes that when approached in good faith and with sincere and honest intentions by parties and their counsel, ADR services through Adlitem Solutions can save litigants time and expense without sacrificing the quality of justice or the rights of litigants to a jury trial.  This assists the courts also.

ADR Services Offerings

The ADR services provided by Adlitem Solutions may include the following:

Arbitration – Arbitration is a formal procedure.  A neutral person, or a panel of three persons, hears both sides and decides the matter. The arbitrator does not provide a binding decision.  The decision simply serves to guide the parties in trying to settle their lawsuit. An arbitration is typically less formal than a trial, is usually shorter, and may be conducted in a private setting at a time mutually agreeable to the parties. The parties, by agreement, select the arbitrator or arbitrators and determine the rules which govern the arbitration.  The parties may agree in writing that the arbitration decision will bind the parties.

Early Neutral Evaluation – This process occurs early in the pretrial period after a lawsuit has commenced.  The parties and their counsel participate.  Each side presents case summaries and receives a non-binding assessment. This process can promote early and meaningful communication concerning disputes, enables parties to plan their cases effectively, and should prompt and encourage the parties and their counsel to assess realistically the relative strengths and weaknesses of their positions.  This occurs in a confidential environment.  While this process provides an opportunity to negotiate a resolution, parties and counsel generally do not expect an immediate settlement by participating in early neutral evaluation.

Mediation – A neutral third party facilitates communication between the parties to promote settlement by negotiation.  The mediator may not impose his or her own judgment on the issues for that of the parties.

Confidentiality and Settlement

According the the Missouri Supreme Court, the following rules and stipulations apply to ADR services undertaken under Rule 17:

(a) An alternative dispute resolution process undertaken pursuant to this Rule 17 shall be regarded as settlement negotiations. Any communication relating to the subject matter of such dispute made during the alternative dispute resolution process by a participant or any other person present at the process shall be a confidential communication. No admission, representation, statement or other confidential communication made in setting up or conducting such process shall be admissible as evidence or subject to discovery, except that, no fact independently discoverable shall be immune from discovery by virtue of having been disclosed in such confidential communication.

(b) No individual or organization providing alternative dispute resolution services pursuant to this Rule 17 or any agent or employee of the individual or organization shall be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the alternative dispute resolution process.

(c) Settlement shall be by a written document setting out the essential terms of the agreement executed after the termination of the alternative dispute resolution process.

(d) An individual or organization providing alternative dispute resolution services pursuant to this Rule 17 or any agent or employee of the individual or organization may be called in an action to enforce the written settlement agreement reached following the conclusion of the alternative dispute resolution process for the limited purpose of describing events following the conclusion of the alternative dispute resolution process.

Missouri law has provisions about confidentiality and settlement negotiations.  Section 435.014 of the Missouri Revised Statutes provides:

1. If all the parties to a dispute agree in writing to submit their dispute to any forum for arbitration, conciliation or mediation, then no person who serves as arbitrator, conciliator or mediator, nor any agent or employee of that person, shall be subpoenaed or otherwise compelled to disclose any matter disclosed in the process of setting up or conducting the arbitration, conciliation or mediation.

2. Arbitration, conciliation and mediation proceedings shall be regarded as settlement negotiations. Any communication relating to the subject matter of such disputes made during the resolution process by any participant, mediator, conciliator, arbitrator or any other person present at the dispute resolution shall be a confidential communication. No admission, representation, statement or other confidential communication made in setting up or conducting such proceedings not otherwise discoverable or obtainable shall be admissible as evidence or subject to discovery.

Mission Statement and Invitation

sniper-scope-wall-decal-[2]-203-pAdlitem Solutions has one mission: provide parties and counsel a new option for ADR services for civil disputes – an economical, efficient, and non-judgmental approach to resolving civil disputes.  Please consider this fresh approach and new option as described here.  Let Adlitem Solutions help you keep your sights focused on a satisfactory settlement resolution of your civil dispute.

If interested or curious, please contact Dan DeFoe at dan@adlitemsolutions.com to begin your journey with Adlitem Solutions down a new and real pathway to economical and efficient dispute resolution.

 
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