Alternative Dispute Resolution (ADR) has been proven effective in helping to minimize the time, expense and emotional stress often associated with traditional courtroom litigation. We apply a technical understanding of the law and nuanced negotiating skills as knowledgeable independent ADR neutrals, helping parties reach fair and equitable settlements to their disputes. We have the knowledge and ability to handle sophisticated matters in ADR forums, such as mediation, arbitration, fact-finding committees and dispute review boards.
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Arbitration
As neutral arbitrators, we consider arguments and evidence presented by each side and render a binding decision regarding the value of the case. Arbitrations are less formal than trials, and generally do not include the time-consuming and expensive discovery and motion practices common in U.S. courts. Mandatory arbitration clauses are incorporated into the contracts of many businesses to avoid a judicial determination of the dispute.
The advantages of arbitration over court litigation include greater flexibility and control by the parties in structuring the process and determining the decision maker(s), expeditious resolutions with reduced costs and disruption, confidentiality in process and result, and finality in outcome.
Our services include all aspects of arbitration:
- Shaping the parameters of the arbitration including whether the hearing is to determine liability, damages or both
- Limiting the scope of discovery by establishing meaningful standards for information exchange based on proof of relevance and materiality
- Focusing the hearing on motions that hold the best hope for resolving key elements of the case
- Encouraging cooperation between the opposing parties
- Hearing witnesses and exhibits, cross-examinations and closing arguments
- Presiding as sole arbitrator or sitting on an arbitration panel as a legal area or industry expert
- Considering evidence presented by each side and rendering a binding decision
Mediation
A neutral mediator acts as a catalyst between opposing parties to help them reach a voluntary, mutually agreed upon settlement. We moderate and guide the mediation process by clearly defining issues to facilitate a common understanding, eliminating obstacles to communication, assessing the strengths and weaknesses of each side’s position, exploring interests, and negotiating concessions and agreements. Mediation is particularly useful for complicated cases where each side demonstrates a willingness for compromise. It is well suited for disputes which can be resolved in a manner that preserves an existing business relationship. The advantages of mediation over court litigation include greater flexibility and control by the parties in structuring the process, expeditious resolutions with reduced costs and disruption, confidentiality in process and result, and certainty in outcome.
Our services include all aspects of mediation:
- Conducting a preliminary meeting to introduce the parties to the mediation process and address any upfront concerns
- Conducting a joint conference with all parties present, allowing all the opportunity to present their view of the case and put forth their position
- Working with the parties in individual caucus conferences to analyze their case, prioritize interests, develop settlement options and break stalemates
- Providing a formal or informal case analysis and evaluation in consultation with the parties as appropriate
- Working with the parties and their counsel to finalize a settlement agreement
- Determining the procedures necessary for implementation of the settlement
