Alternative Dispute Resolution
Practice Leader: Wayne G. Travell
Many courts require or encourage parties to participate in mediation or settlement conferences to avoid or short cut costly and time-consuming litigation.
Many contracts and shareholder agreements require arbitration as the exclusive method of resolving disagreements between parties. Having an experienced ADR attorney on your team enhances the prospect of a successful outcome and the realization of your litigation goals.
The Leach Travell Britt ADR Practice Group has extensive experience in handling ADR cases. We also advise business owners at the time they are entering into new contracts or relationships on the desirability of building ADR provisions into contracts and agreements.
Most Common ADR Procedures
- Arbitration: Arbitration is a binding alternative to court resolution of a dispute. The arbitrator's decision has the effect of a court judgment. This process allows the parties to have their dispute resolved by an industry expert, an option usually unavailable in a courtroom. Arbitration generally offers greater flexibility, less formality, and lower cost than the traditional court process.
- Mediation: Although it is often a mandatory process ordered by a state or federal court, mediation is a non-binding procedure for encouraging settlement. The process is typically simple: each party makes a summary presentation to a neutral mediator; the mediator then works with the parties to explore mutually satisfactory solutions, often engaging in "shuttle diplomacy." Nearly half of the cases submitted to mediation from pending state and federal actions result in a settlement.
Wayne G. Travell leads the ADR group as a trained mediator and has participated in numerous mediations, arbitrations and settlement conferences.