The Firm provides comprehensive alternative dispute resolution (ADR) services, including the representation of clients in mediations and arbitrations. The Firm has utilized ADR to resolve disputes involving bankruptcy issues, litigation and construction disputes.

MEDIATION

Mediation may be thought of as “assisted negotiation”. Mediation is generally a voluntary, confidential and non-binding process in which a third-party neutral attempts to assist the parties in resolving their dispute in a balanced, collaborative and informed manner without resorting to an adversarial process, such as a lawsuit. The role of the neutral, i.e. the mediator, is to facilitate the process by helping the parties define the agenda, identify the issues, communicate more effectively, find areas of common ground, negotiate fairly, and, hopefully, reach an agreement.

In mediation, the Firm develops a realistic assessment of the client’s position through a detailed analysis of facts and law. The Firm’s approach is tailored to each dispute and client given that each situation is unique. As a result, the Firm’s clients are positioned to meaningfully participate in the mediation process with realistic expectations concerning the strengths and weaknesses of the respective positions of the parties and how their differences may be bridged.

ARBITRATION

Arbitration is an alternative to a traditional lawsuit commenced in a court. Arbitration is a process where an intermediary – the arbitrator – listens to the arguments and evidence presented by both sides and makes a binding decision concerning the dispute in the place of a judge or jury. The decision of the arbitrator is commonly called an “award”. Arbitration is usually more customized, more expeditious and less expensive than a traditional lawsuit. Arbitration is sometimes mandatory where required by contract, regulation, rule or law. The parties often have an opportunity to jointly select the arbitrator who will hear their dispute.

In participating in the arbitration of a case, the Firm recognizes that arbitration is intended, in part, to reduce the cost and delay attendant with full-blown litigation. As a result, the Firm engages in a streamlined approach to discovery in anticipation of the arbitration, by which it seeks to obtain the documents and information necessary to support its client’s position in the most expeditious and least costly fashion. At the same time, the Firm prepares for arbitration in the same thorough fashion that it would were the matter scheduled for a trial before a court.