Alternative Dispute Resolution — Negotiation, Arbitration, and Mediation

When a dispute arises, it is best to resolve the matter favorably, but without litigation if possible. We work with clients to assess the risk faced and to determine the best strategy and options to maximize the client’s result as early in the process as possible. The first effort is to negotiate a resolution directly. Well-chosen words, communicated effectively, can often lead to early resolution.

If direct negotiation does not derive good results, arbitration or mediation are available, or may be required by the court. Arbitration is a process by which a third party, usually an attorney or retired judge, hears the evidence from all parties, and makes a decision. That decision can be binding on the parties, or not binding. In mediation, a trained third-party mediator acts to help the parties work to a resolution. In either arbitration or mediation, we help our clients with the appropriate preparation and presentation.

Lawsuit Claims, Defense, and Trial

If a dispute cannot be resolved, we present our client’s best position in a lawsuit. Correctly framing claims, defenses, counterclaims, and replies is very important to properly positioning the case when it is heard by a judge or jury. Similarly, making and defending motions at different stages can dramatically affect the outcome. At trial, evidence is presented through witnesses and exhibits; objections are made and defended; and facts and proper application of the law are argued. Our experience, preparation, and presentation make a difference.

Lawsuit Appeals

When a party believes an outcome was based on significant errors, the party can appeal the decision. Analyzing and best applying caselaw, and crafting written briefs and oral arguments to best present a client’s position, takes special skill. We have experience in appellate analysis and presentation, and can represent you at various levels of appeal.

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