Alternative Dispute Resolution
Nowhere are the experience, expertise and resources of WWHGD more evident than in our Alternative Dispute Resolution (ADR) Practice Group. We don't believe that every issue must or should go to court, just as every case is not ideal for the ADR process. Our experience in complex commercial cases and catastrophic injury cases allows us to thoroughly inform clients on every possible--and best--course of action.
Our firm can assist on a variety of levels within the ADR process:
- FACILITATION: As a neutral moderator seeking settlement between parties, WWHGD determines common grounds for discussion and fair agreement, and provides a knowledgeable third view.
- MEDIATION: One or more neutral parties will submit a settlement value on a case following presentations by the parties of their respective positions. Moderators may provide an objective view of the strengths and weaknesses of each party, which often leads to a non-binding but important award, leading to possible further, deeper settlement.
- ARBITRATION: The most well-known and traditional alternative to litigation is when one or more arbitrators, chosen by mutual consent, hear and decide the dispute. This is binding in the same way the court system enforces the award in a litigation proceeding. Typically far less information is exchanged prior to the session than would be in an actual court.
- MINI-TRIALS: These structured negotiations require each party to present a best case to CEOs or other senior managers of both parties with a moderator joining. Information is often exchanged in the form of documents, interviews, and depositions prior to the session. Typically, attorneys will present the case in a summary fashion with the CEOs, senior management, and moderators in the roles of judge and jury.
Determining the viability of the ADR process for specific disputes includes several significant factors:
- ECONOMY: WWHGD can significantly reduce the time and duration spent on streamlining the hearing process by strictly defining the information to be exchanged and using persons knowledgeable in the subject matter.
- PRIVACY: Court proceedings take place in public courtrooms and are a matter of public record. ADR proceedings may be held in comfortable conference rooms at the WWHGD offices or any agreed upon location.
- CONVENIENCE: Finding time to schedule ADR proceedings is not dependent upon a court docket. Moreover, ADR proceedings can be used in a broad spectrum of matters, from personal injury and contract issues to professional liability matters and complex business issues and insurance claims.
Additionally, the process is not attended or presided over by a judge, and can therefore be regarded as less formal but no less important or structured. Ultimately, the ADR process is an innovative, expanding, and frequently very satisfying approach to reaching agreements and settlements in the most timely and cost effective manner.
If you would like to directly contact the partners in this practice group, we invite you to do so:
Partners in this Practice Area
