Mediation and Arbitration
Firm lawyer Lee Berlik is a strong believer and proponent of the benefits of Alternative Dispute Resolution (ADR) proceedings such as mediation and arbitration. The Firm routinely suggests to its clients that they consider ADR when circumstances may be conducive to such proceedings. ADR often allows dispute resolution strategies that are consistent with business objectives, that minimize the time company executives are called away from their day-to-day management duties, and that achieve results more quickly and less expensively than would be possible in litigation. Lee Berlik has experience guiding commercial disputes through arbitrations before both the American Arbitration Association (AAA) and JAMS at locations across the United States.
The Firm assesses the viability of ADR at the outset of virtually every new business dispute, especially when confidentiality is a concern. A sound ADR analysis enables our clients to look at a dispute as a unique problem to be solved. We look at various factors, including the legal rights at issue, the parties’ business goals, the subject matter of the dispute, and the anticipated costs, to assist our clients in making an informed decision with respect to whether ADR may be a suitable alternative to going to court.
Whether your business is closely held or a Fortune 500 company, ADR should be given thoughtful consideration where a prompt, cost-effective resolution is desired. The mediation process, in particular, allows the parties to craft creative dispute resolutions that would not otherwise be available through a bench trial or jury trial. Benefits of ADR include:
- Maintenance of confidentiality and privacy for sensitive matters
- Return on investment
- Allows business relationships to continue
- Disputes typically resolved more swiftly than in court
- Greater weight afforded to business objectives
- Relaxed rules of evidence
- Less burdensome discovery requirements
- In mediation, the parties control the outcome
Despite the benefits of mediation and arbitration, however, we do not always recommend ADR. Where there is a need to obtain a temporary restraining order (TRO) or preliminary injunction, to protect a strategic interest, to defend a frivolous suit, or to establish a precedent, litigation is usually the best choice.
Today’s competitive business environment generates disagreements and disputes that cover the entire range of the commercial experience. Absent a special need to pursue litigation, businesses increasingly choose mediation or arbitration as a forum for resolving their sensitive or confidential business disputes. Give us a call to learn more about how to make ADR work for your business.