Home
Professional Profile
Services
Fees
Contact

 

 

"You're two for two, with cases I considered unusually challenging. Very impressive."
— J.A.P.

 

 

"Thanks for your excellent work today. You have slanted my opinion of lawyers to a positive light."
— R.D. (Client/party)

 

 

"It was a difficult dispute to settle because of the emotions on both sides. Your patience, persistence, and the relaxed atmosphere you created were instrumental in resolving the case."
— P.T.E.

 

ADR Services

Alternative Dispute Resolution (ADR) processes involve a neutral third party who assists parties in reaching a resolution to a dispute.  The use of mediation, arbitration or early neutral evaluation can result in saving cost and time, and may offer a more satisfactory resolution than litigation.

Pre-Session Conference Call

For each ADR process, the preference is to schedule a conference call with counsel before the session to discuss what information needs to be exchanged before the session, who will attend and who has authority, the statements, the process, and any wrinkles in the case which counsel want to highlight in advance.

Mediation

Mediation is a voluntary process in which the mediator, a neutral third-party, facilitates negotiation between two or more parties to a dispute. The mediator helps these parties and their respective counsel identify the key issues and interests involved, and generate options for settlement. The goal of this process is that the parties themselves reach an acceptable resolution to their dispute.

Preparation: In most cases, the parties submit and exchange mediation statements several days before the joint meeting. The statements should concisely describe the substance of the suit, the party's view of the liability issues and damages involved, and the history of any settlement discussions. With the statements, counsel should include copies of any relevant documents they would like reviewed. The parties may also submit, but not exchange, confidential statements about barriers to, or possibilities for, settlement as they see them.

Arbitration

Arbitration is a process in which the neutral party listens to an adversarial presentation of the case - generally taking testimony, accepting evidence and listening to the arguments of counsel - before issuing a decision as to which party is at fault (liability) and the amount of damages. Arbitration can be binding or non-binding.

Preparation: In most cases, the parties submit and exchange arbitration briefs several days in advance of the session. The briefs should describe the substance of the suit, concisely identify the factual and legal issues involved, cite authority on the questions of law, and identify the proposed witnesses and exhibits.

Early Neutral Evaluation

Early neutral evaluation (ENE) is a process usually used early in the litigation process. After listening to each side present their case and their respective rebuttals, the neutral party evaluates the strengths and weaknesses of the case. This evaluation is non-binding and can lead to a productive settlement discussion.

Preparation: Generally, for ENE, the parties submit and exchange ENE statements several days in advance of the session. The statements should describe the substance of the suit and concisely address the party's view of the liability issues and damages. It is useful to address factual or legal issues whose resolution would significantly reduce the scope of the dispute, or to identify discovery that is necessary to equip the parties for meaningful settlement discussions.