Practice/Industry Group Overview
Kutak Rock litigators regularly represent their clients in mediations and arbitrations, and a select group of attorneys comprise the Kutak Rock Mediation and Arbitration Neutrals Group. They are impartial and unbiased, and through their experience and training they assist parties in reaching a mutually acceptable resolution of their dispute.
Mediation is a process in which a neutral third party—the mediator—facilitates the parties to a dispute in negotiating a voluntary resolution of the dispute. Mediation is different from other forms of dispute resolution in that the parties participate voluntarily, so the mediator has no authority to mandate a decision. The decision-making authority is given to the parties to the dispute, making this form of ADR the most popular form of dispute resolution outside the courtroom. Kutak Rock mediators have successfully resolved thousands of disputes through the mediation process.
Arbitration is the submission of a dispute to one or more impartial persons for a final and binding decision, typically referred to as an “award.” Awards are made in written decisions that generally are binding on the parties to the dispute. Kutak Rock attorneys have served as arbitrators in hundreds of disputes.
Members of Kutak Rock’s Mediation and Arbitration Neutrals Group have experience resolving a full spectrum of civil matters including, but not limited to, disputes involving catastrophic injury and wrongful death claims, commercial and business disputes, employment disputes (including FLSA collective actions, discrimination and wrongful termination claims), environmental disputes, financial and banking disputes, FELA claims, insurance and coverage disputes, intellectual property disputes, professional negligence claims, product liability actions, shareholder suites and derivative actions, toxic tort actions, etc.
In the appropriate case, both mediation and arbitration provide significant advantages to the parties over traditional litigation:
- Informal – ADR processes are informal and flexible
- Confidential – ADR processes are confidential
- Quick and inexpensive – Disputes are resolved more quickly and with much less expense to the parties than traditional litigation