Resolving Disputes is often a major challenge.
While we favor purposeful constructive negotiation, arbitration and mediation, litigation must always be a possibility.
Knowing that there are always favorable and less favorable options can bring focus to any discussion.
Not only have I prevailed in litigation, I have served on the AAA Panel of Neutrals as a “Private Judge” for many years. I have handled contract disputes, technology licensing matters, shareholder relations, securities transactions and various corporate matters.
I have been asked to teach Negotiation, Arbitration, and Mediation at several Law Schools, and Business Groups. I have been selected as a judge for the recent Negotiation Contests held among the Western Region’s premier Law Schools.
However, some matters require substantial resources. We openly affiliate with other law firms in seeking the proper representation for our clients. We can form joint ventures or co-counsel relationships which enhance our ability to serve our clients. No firm can have readily available resources for every possible need. Any such affiliation will only be done after proper notice and consents.
Formal Arbitration is very similar to a court trial. While less formal, it is designed to result in a conclusion based on the law and the facts. The advantages of Formal Arbitration include privacy as well as speed and lower costs. Since Formal Arbitration is a private hearing, only the parties are entitled to full disclosure.
Some have criticized Arbitration because they believe that it results in a compromise solution, a “split the baby” decision. Compromises are reached in Mediation and in Negotiation but not in Formal Arbitration.
While a compromise is often an appropriate business objective, Formal Arbitration involves the law and the facts of the specific case and not the willingness of the parties to compromise. Negotiation and Mediation serve those purposes.
Negotiate, Mediate and Arbitrate purposefully and forthrightly. But always, preserve your option to Litigate.