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Practice/Industry Group Overview
Over the past decade courts, counsel and clients have sought ways to deal with the delays and cost of lawsuits. This has led to the growing use of Alternative Dispute Resolution (ADR) techniques, such as conciliation, mediation and arbitration. To a lesser extent, similar non-binding procedures such as summary jury trials have been used. Gardere has embraced these cost saving techniques and developed the skills to achieve the greatest advantage for our clients in selecting and utilizing the appropriate method of ADR.
Our corporate and commercial lawyers are skilled at crafting agreements that contain ADR provisions developed through utilization of the experience of our litigators and clients in dealing with ADR provisions and their implementation. The utilization of this collective experience has led to the development of clauses that help to avoid major litigation and help to reduce the cost of ADR while increasing its effectiveness.
While our litigators are experienced trial lawyers with a proven record of protecting our clients’ interest in court, they are also skilled at maximizing the results of ADR for the benefit of our clients.
According to a recent major survey conducted by the American Arbitration Association, acceptance of ADR has been driven by the determination to control litigation costs, and to preserve business relationships wherever possible through mediated settlements. Effective conflict management is a critical tool of corporate legal departments, and Gardere’s trial and transactional lawyers are sensitive to our clients’ business requirements. However, when settlement is unachievable, our litigators will represent our clients aggressively.
Arbitration
A number of Gardere lawyers have extensive experience serving as arbitrators, and their understanding of the process is a great resource to our litigators and clients. We have represented clients in arbitrations throughout the United States and abroad, and in a wide range of domestic and international business, intellectual property, employment, insurance coverage, construction and consumer disputes. Simply stated, we know how to make arbitration work to provide a prompt and cost effective solution for our clients.
Mediation
Mediation has become an integral part of the litigation process, and is also available before a dispute reaches the courthouse. Often a court will order parties to mediation with the idea that the intervention of a third party facilitator (mediator) will bring about a settlement. Gardere’s litigators are experienced in the techniques of effective mediation and the development of a mediation strategy with the client to achieve the client’s goals. Many of our lawyers have been appointed by judges to act as mediators. We understand that mediation is more than simply market haggling. Our lawyers are skilled in analysis of the personal dynamics of their opponent and opposing party, their business or personal goals for litigation and the development of techniques to take advantage of the opponents weaknesses and predilections.
Conciliation
While generally a little used ADR technique in the United States, conciliation is a time honored dispute resolution mechanism overseas, in the Far East in particular. Gardere’s international clientele and practice have provided experience in the methods of conciliation; while it is a particularly client driven ADR, we can and do provide case analysis and best/worst case legal scenarios to assist clients in the evaluation of their respective position, strengths and weaknesses in order to achieve the best possible result from conciliation.
ADR has changed the litigation landscape. The American Arbitration Association estimates that civil litigation now costs $250 to $300 billion each year, and urges that ADR offers real business value and quick and less costly alternatives to the traditional court system. We agree and are committed to helping our clients craft intelligent and creative solutions to their disputes. We understand the importance of creating alternative contractual dispute resolution procedures at the inception of a transaction. Our ADR practice draws on the talents of lawyers throughout our practice areas and will form effective teams with our clients to take advantage of this growing area of legal practice.
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