Dispute Resolution Practice
A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. Contrary to popular belief, in the United States, business initiated lawsuits are four times more common than litigation initiated by individuals, and businesses are far more likely to be sanctioned by the court for frivolous litigation than individual tort plaintiffs.
Alternative Dispute Resolution
For many disputes, particularly in business, there are more effective methods for resolution than traditional litigation. Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that fall outside of the government judicial process. In recent years, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties' cases to be tried. The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.
ADR is generally classified into at least three subtypes: negotiation, mediation, and arbitration. In negotiation, participation is voluntary and there is no independent third party who facilitates the resolution process or imposes a resolution. In mediation, there is a third party, a mediator, who facilitates the resolution process (and may even suggest a resolution, typically known as a "mediator's proposal"), but does not impose a resolution on the parties. In some countries (for example, the United Kingdom), ADR is synonymous with what is generally referred to as mediation in other countries. In arbitration, which is often required pursuant to a contract clause, participation is typically voluntary, and there is a third party who, as a private judge, imposes a resolution. Arbitrations often occur because parties to contracts agree that any future dispute concerning the agreement will be resolved by arbitration. In recent years, the enforceability of arbitration clauses, particularly in the context of consumer agreements (e.g., credit card agreements), has drawn scrutiny from courts. Although parties may appeal arbitration outcomes to courts, such appeals face an exacting standard of review.
How We Serve Our Clients
Serving as general counsel for our business clients, we are often in the unique position to analyze a matter and assist in resolving it before more formal means of dispute resolution are employed. In disputes involving contracts, collections, and other business matters simply having an attorney advocate and articulate your position to another party can go a long way in resolving a situation before it escalates into a far more serious and potentially expensive litigation. In the event that litigation cannot be prevented, as general corporate counsel for our clients, we are often tasked with litigation management, ensuring that our client retains proper litigation counsel and the matter is handled in a cost-effective and efficient matter with minimal interruption to their business.
