ADR/Arbitration

Our approach to ADR invariably depends on the client’s objectives, the procedural rules of the forum and the specific circumstances of each case.  In some instances, particularly in commercial disputes, non-litigation solutions may provide expedited and fair resolution of the issues and a productive alternative to trial.  We do not favor or seek mediation out of fear of trial.

EXPERIENCE

In past client representations, we have partnered with arbitration management firms that are charged with case investigation to determine whether a case is to be settled or whether litigation is the ultimate remedy.  In cases to be settled, the case is put on a fast-ADR track that fosters a quick resolution of the matter at a low cost. 

• In representing Charter Medical across 34 states, we handled approximately 450 claims, utilizing Judicial Arbitration Mediation Services (JAMS); subsequently, in an audit of the process by AON, audit results confirmed that the company achieved approximately a 20 percent savings in litigation costs because of this approach
• In toxic tort litigation involving the claims of numerous landowners, we devised a mixed approach combining mediation, arbitration, an expert panel and town hall meetings to resolve litigation that had spanned nearly a decade
• In litigation involving several hundred claims alleging injuries from mold exposure in a large apartment complex, mediation was used to quickly and effectively dispose of the claims for a fair amount based on individual circumstances and evidence.

RECOGNITION

Our attorneys are recognized leaders in the international dispute resolution field and have hands-on involvement in relevant business, trade, and government organizations.  Within our own ranks, we have attorneys and support staff who are fluent in German, Spanish, French, Japanese, Portuguese, Turkish, Croatian, Hindi and Kannada. The attorneys in our international adversarial group have the skills, experience, and contacts to assist clients with any adversarial matter, anywhere.  Our arbitration and litigation experience includes complex U.S. and international cases, many of which present issues never adjudicated before.

WHY ALSTON & BIRD?

We have extensive experience in mediating and arbitrating disputes between companies on a formal and informal basis.  Much of the logistics of how to conduct such ADR when sophisticated parties are involved necessarily depends on a variety of factors such as whether the parties anticipate an ongoing business relationship, the comfort level of the individuals involved and, of course, any contractually mandated mechanics.