Mediation & Arbitration

5 chessmenDrawing on our deep experience with complex cases covering a wide variety of issues, we serve as neutrals in mediation, arbitration, and hybrid mediation-arbitration processes. We tailor our services to meet the needs of the parties and the case.

Mediation

We bring our neutral and creative perspectives to:

  • Quickly appreciate the complexities and varied interests at stake;
  • Work with parties separately before bringing them together to ensure each party feels fully heard and understood by the neutrals; and
  • Work with all parties to reframe their conflict from an adversarial dynamic to collaboratively pursuing solutions that satisfy the needs of all.

Arbitration

Where the parties and their representatives choose, or are contractually bound, to arbitrate:

  • We work with parties and their representatives to create and implement a case-appropriate arbitration or combined mediation-arbitration process; and
  • We act as neutral arbiters to render a binding decision to resolve their dispute.

Hybrid Processes

Many options are open to parties to customize a combined (or “hybrid”) mediation-arbitration approach, but the basics are:

  • Mediation followed by arbitration. The parties engage in mediation with the goal of resolving all outstanding issues, and, either at the outset or as an impasse-breaking tool later, endow a neutral third party possibly, but not necessarily, the mediator — with authority to resolve issues that remain at the conclusion of mediation.
  • Arbitration followed by mediation. The parties engage in arbitration with the explicit understanding that no arbitral award will be rendered until, following the arbitration hearing, the parties have tried and failed to resolve the issues through mediation. Mediation following arbitration will be based on a more thorough understanding of the strengths and weaknesses of evidence and legal positions, and proceeds with knowledge that a binding decision will follow if the dispute is not resolved by agreement.

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