Overview
The attorneys in Maynard Nexsen’s Alternative Dispute Resolution (ADR) practice have valuable experience offering an innovative and cost-effective approach to representing clients in any stage of a dispute. The litigation process culminating in a jury trial is a traditional means of resolving disputes. In many cases, litigation may not be the most desirable option for dispute resolution; mediation and arbitration proceedings are often the more attractive alternative.
Alternative dispute resolution is used to resolve claims and disputes outside of traditional courtroom litigation. It is often faster and less expensive than taking a case to trial in open court. It can shield clients from large jury verdicts. And it can also minimize publicity and keep private disputes out of the public eye.
Because of its efficiency and other advantages, we encourage our clients to consider alternative dispute resolution methods whenever possible.
We provide a range of ADR services, including:
- Mediation and arbitration preparation and enforcement
- Arbitration – as neutrals and advocates
- Mediation – as neutrals and advocates
Our attorneys have extensive experience representing parties as advocates in both venues. We also have experience preparing and conducting mini-trials and summary jury trials as a means of evaluating cases set for trial.
Why ADR?
The two most commonly employed "alternative" methods of resolving a dispute without resorting to a traditional trial are arbitration and mediation. They are distinctly different procedures and each has a significant place in the system.
- Arbitration: Arbitration involves a hearing before one or more judges. The result is binding or judicially enforced. This proceeding does not necessarily take place in a courtroom.
- Mediation: Mediation is a non-binding voluntary process of negotiation. A neutral party serves as the mediator. Case settlement requires the agreement of all parties. This confidential process often produces creative resolutions to complex cases.
Each process is voluntary, except in jurisdictions where mediation is mandated in conjunction with a traditional court proceeding, so access to one or both of these processes is a matter of contract. The parties to a transaction often include as part of their overall agreement an ADR clause.
When employed in business or employment planning processes, ADR contract clauses can assist our corporate clients with internal dispute management and prevention procedures. This can provide for the quick resolution of conflicts, while still considering the interests of all parties.
Veteran legal team
Our ADR attorneys resolve disputes in a wide variety of legal areas. We have seasoned attorneys who know how to negotiate in hostile circumstances. Many are certified to provide alternative dispute resolution services.
