Alternative Dispute Resolution
Our lawyers have provided effective representation for clients who seek to resolve their disputes without going to trial.
In many cases, clients are bound by contract to some form of alternative dispute resolution (“ADR”) at least as a first resort, and even when there is no pertinent contractual requirement many courts around the country are now requiring parties to attempt mediation prior to trial.
Thus, it is important for any advocate to be experienced in various forms of alternative dispute resolution.
Collora LLP lawyers have experience in utilizing a variety of ADR methods, including:
- Collaborative Law
- Neutral Evaluation and Neutral Expert Fact-Finding
- Private Judging
Collora LLP has represented clients in matters before the American Arbitration Association, the International Court of Arbitration of the International Chamber of Commerce, JAMS and other arbitration sponsors. We can provide you with lawyers who understand the unique procedural rules and evidence customs pertinent to arbitration, as well as the dynamics of panel decision-making processes.
We can also provide you with a counselor trained in collaborative law, a process that empowers the parties in a formal commitment to reach a mutually agreeable settlement outside of litigation. In this process, both parties agree to freely disclose all pertinent information, which is subject to binding confidentiality agreements. All case experts are jointly hired as neutrals, and they are encouraged to give full and candid assessments. What is said in settlement meetings by the parties or the experts is also confidential, and if the process breaks down, none of the attorneys or experts involved can represent the clients in any pertinent adversary proceeding.
We have used collaborative law techniques to settle cases amicably and with less expense than would be incurred in adversary proceedings, especially in employment law matters.
Our lawyers have successfully concluded many confidential settlements after a process of voluntary or court-ordered mediation. We understand that the key to obtaining a good settlement, like the key to victory at trial, is effective preparation and communication. We also understand that mediation is often just a step in the trial process, and so we know how to negotiate candidly without tipping a client’s strategy for trial.
Neutral Evaluation, Neutral Expert Fact-finding and Private Judging
We have been involved in cases where neutral evaluation, neutral expert fact-finding or private judging has been helpful in resolution or narrowing of the underlying disputes. Our lawyers have often appeared in forums hosted by JAMS, the largest alternative dispute resolution provider in the world, and a major provider of neutral evaluation, neutral experts and private judging.
The following summaries are a representative sampling of results we have produced for our clients through alternative dispute resolution.
- Won judgment in arbitration on all counts for client who was the general partner in a venture capital fund accused of breach of contract and fiduciary duties. Also procured an order for opposing parties to fund a $10 million capital call and pay attorney’s fees and costs.
- Won defense ruling in arbitration for a media company, successfully defending against accusations of misrepresentation, breach of contract and breach of fiduciary duty.
- Won defense verdict for broker sued by allegedly defrauded investor in arbitration conducted by the Financial Industry Regulatory Authority.
- Obtained $2 million arbitration award against a fleet maintenance vendor for improper servicing of hundreds of diesel trucks.
- Won curative arbitration remedy against a general contractor for a building project in case involving defective materials and workmanship.
- Successfully handled many arbitrations related to insurance coverage disputes for large insurance companies involved in large scale commercial coverage disputes.
- Won multi-million dollar arbitration award against general contractor in case involving defective materials and workmanship claims
- Produced many successful pre-trial settlements in cases of all kinds that were subjected to mediation or neutral evaluation.