Alternative Dispute Resolution
Cohen & Grigsby’s Alternative Dispute Resolution (ADR) Practice Group is a specially trained team of attorneys who focus on developing customized, creative solutions to resolve controversy and reduce the necessity for time consuming and expensive litigation. With burgeoning court dockets creating significant time delays and seemingly endless litigation, ADR helps bring expedited closure to disputes allowing litigants to focus on growing their business as opposed to defending it.
Our ADR attorneys understand the business and human trauma caused by litigation and work with the litigants to fashion creative solutions to enable litigants and others with disputes to reach closure. Our ADR attorneys draw on decades of practical and legal experience to evaluate and facilitate the journey to reaching settlement. For over two decades, our team members have mediated, arbitrated, and evaluated scores of cases in a wide variety of industries and practice areas.
ADR typically includes mediation, early neutral evaluation, negotiation, conciliation and/or arbitration. More specifically:
- Mediation provides a forum in which the mediator facilitates communication between parties to promote reconciliation, settlement, or understanding among them. The mediator uses skills and techniques to guide the parties towards a resolution rather than making decisions for the parties. Mediation is appropriate in most any dispute.
- Early Neutral Evaluation (ENE) occurs when a dispute is evaluated both legally and factually by an Early Neutral Evaluator whose background and legal discipline focuses in the area of the law involved in the dispute. In ENE, the parties, their counsel and the Evaluator meet in a confidential session, where counsel make concise factual and legal presentations of their cases. The Evaluator then presents a non-binding evaluation setting forth an assessment of liability, likelihood of success and potential damages. Often an ENE will morph into a mediation.
- Arbitration offers parties a prompt, typically less expensive, adjudication of their dispute than engaging in litigation through the courts. The parties have greater control over procedural and evidentiary processes. Arbitration is typically a simplified version of a trial with limited discovery and simplified rules of evidence. Arbitration is not part of the public record and has long been used in labor, construction, employment and securities regulation disputes, and has gained popularity in other business disputes.
Contact us today to discuss how we can assist you with ADR services.