ADR Services

Med-Arb and Arb-Med combine traditional mediation and arbitration into a single process. Med-Arb begins with mediation. If the parties reach an impasse, an arbitrator then steps in to resolve any remaining disputes. The arbitration phase can be either binding or non-binding, depending on the parties' preference. This approach may be a good option for parties seeking a fast, confidential resolution after an unsuccessful mediation.

Arb-Med begins as arbitration and ends with a mediator mediating the dispute before a final award. This option might be useful when neither party is confident in the outcome of the arbitration and would rather resolve the dispute themselves.

With both Med-Arb and Arb-Med, the parties can choose a different mediator or arbitrator for the second phase, or they can use the same neutral throughout the process. These options give parties greater control and flexibility over the process compared to traditional arbitration and mediation.

Collaborative law brings experts together in a mediation when complex issues exist or when there are differing opinions among expert advisors. It also involves attorneys who may be more focused on settlement than on litigation, since if the case is not resolved collaboratively, the attorneys must withdraw.

Early neutral evaluation (ENE) uses neutral, unbiased experts to review the parties' arguments and evidence. The neutral provides the parties with worst-case and best-case scenarios, which often brings parties who are far apart to a closer or agreed-upon settlement. ENE can help parties focus discovery on the issues that matter most and provide insight into how a judge or jury might view the case.

There are numerous other creative ways to resolve disputes. If you have a unique situation you would like to discuss, I would be glad to assess it confidentially and offer alternatives for you to consider.