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Arbitration: Other ADR practices

In addition to binding arbitration and nonbinding mediation, there are several other ADR techniques that our arbitration team employs on behalf of our clients.

Our extensive resources and databases of expert witnesses and mediators enable us to represent our clients with alternate dispute resolution services that are efficient, expeditious and cost-effective. Most important, our arbitration lawyers are uniquely suited to offer the substantial amount of creativity and experience that it takes to make these alternate techniques successful.

Mini-trials

Mini-trials give a fresh look at a dispute and are particularly effective in settling very complex technical disputes. Our lawyers put on an abbreviated case in summary form and present it to a panel of key executives from the contending companies. A typical mini-trial would present testimony over the course of one or two days, then achieve settlement directly through the client representatives or through mediation.

Summary jury trials

Summary jury trials are recognized by statute in many U.S. jurisdictions. This proceeding requires impaneling a jury from the regular jury pool. Through summarization of a very complex lawsuit, a verdict is reached that can be either binding or nonbinding, usually in a day or two.

Early neutral evaluations

Neutral evaluations are useful when a dispute involves technology with a short shelf life and needs to be resolved quickly. We often use this technique when core technology or trade secrets are at issue and neither party wants key information exposed in a courtroom where it generally becomes public information. To employ a neutral evaluation, both parties agree to allow an outside expert to render a decision, avoiding the risk of a ruling being imposed on them by a conventional judge, jury or arbitration panel.

Nonbinding arbitration

Nonbinding arbitration can entail a regular arbitration process or an abbreviated one. At the conclusion of either proceeding, no binding decision is rendered. This generally requires representatives from both parties to take a fresh look at an ongoing dispute and provide an opinion as to the validity of the contending claims.

Additional ADR techniques

We frequently become involved in other ADR services, including moderated settlement conferences. We often provide ADR counseling and second opinions in cases in which we are not involved directly. Clients often come to us for affirmation of the recommendations of their primary legal service.

About our experienced arbitration lawyers

The lawyers in our Arbitration and ADR teams have the training, experience and commitment to help clients achieve efficient, expeditious and cost-effective results in any type of dispute—and in any country in the world. In addition to representing both claimants and respondents in arbitration and ADR proceedings, many of our lawyers are also certified mediators.

A number of our arbitration partners are panel members for:

Our arbitration team's experience also extends to the preparation of appropriate dispute resolution provisions in contracts in almost every industry.

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Fulbright Attorney - Laura Borst

Laura Borst, Partner

"In-house litigator training and similar programs, along with challenging opportunities, make this a very special place where newer lawyers can develop their careers."