Ad Litem & Alternative Dispute Resolution

Dallas-based attorney Roxane Guerrero serves as both a mediator and guardian ad litem in personal injury cases arising out of automobile accidents and other cases of negligence in the Metroplex and throughout North Central Texas. Ms. Guerrero is a court-certified mediator and is trained and experienced in resolving conflicts through mediation.

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) encompasses a range of alternatives to litigation, including negotiation, mediation, and arbitration. Mediation and other forms of ADR can sometimes be a more effective approach than litigation for a variety of reasons. Mediation and ADR offer a quicker, less expensive method of conflict resolution than litigation in court. A mediation is often less stressful than litigation, and can result in a workable solution that meets the interests of all of the parties. ADR is generally a less formal approach than litigation. A mediation usually takes place in a conference room as opposed to a courtroom. The mediation is facilitated by a mediator, who may be a judge, a lawyer, or even a non-lawyer who is trained in conflict resolution. The courtroom rules of evidence generally do not apply, allowing the parties to discuss the issues more openly. Most importantly, the mediator does not impose a decision upon the parties, but at the most will make a recommendation. More often, the mediator facilitates the parties to reach a solution together. If a solution can be reached this way, it is more likely to be a workable solution that meets the interests of all the parties involved. The parties are more likely to be satisfied with the outcome, as opposed to a courtroom judgment or verdict, which often leads to one winner and one loser. A successful mediation creates a “win/win” situation, which is more likely to be implemented and followed without any appeals or any need for court enforcement or further court action. If a mediation is unsuccessful, the parties are still free to go to court and litigate the matter. Nothing is really lost by trying mediation except some time and expense, a fraction of what is normally spent at trial. It is important to note that in most cases a mediation will not be successful unless both parties enter the process with a commitment to resolving the matter without litigation. Where mediation is simply seen as a step in the trial discovery process, it does not really serve the parties to engage in it.

Ad Litem

Under Texas law, parents are inherently at a conflict of interest in personal injury matters regarding their kids. Therefore, a guardian ad litem must be appointed to represent the interests of the minor, in addition to the parents hiring an attorney. Roxane Guerrero is regularly appointed by area judges as guardian ad litem for minors in personal injury matters.

Seek Experienced Legal Representation

Not all cases are right for mediation or alternative dispute resolution. As an experienced mediator, Ms. Guerrero can help determine whether the nature of the case and the parties is such that some method of ADR should be attempted. Contact the Guerrero Law Office for a free consultation regarding whether mediation is appropriate in your personal injury or wrongful death matter.