Practice Areas & Industries: Eversheds Sutherland (US) LLP


Alternative Dispute Resolution Return to Practice Areas & Industries

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Practice/Industry Group Overview

Sutherland attorneys serve as arbitrators and advocates in international and domestic arbitration proceedings, mediation and non-traditional ADR.

Alternative dispute resolution (ADR) has become less and less alternative as an increasing number of contracts require mediation and/or arbitration before or instead of traditional litigation. Our attorneys have served as arbitrators or advocates in proceedings administered by the AAA/ICDR; the ICC; the Finland, Milan, Paris, Stockholm and Zürich Chambers of Commerce; the Inter-American Commercial Arbitration Commission; the Singapore International Arbitration Centre; and WIPO, as well as in ad hoc arbitration proceedings, mediation and non-traditional ADR such as mediation-arbitration and baseball arbitration. In addition, Sutherland was instrumental in the development of the Atlanta International Arbitration Society, ATLAS.

Construction and financial services are two industries in which arbitration and mediation are most frequently used to bring disputes quickly and efficiently to resolution. Sutherland lawyers have decades of experience in these industries and understand these arbitration processes as well as the businesses that use them.

Sutherland lawyers are also experienced in international commercial arbitration, having served as arbitrators or advocates in proceedings involving the United States, Latin America, Asia and Europe. Sutherland is a founding member of the Atlanta International Arbitration Society, and a Sutherland lawyer sits on the Society’s Board of Directors.

Why Sutherland
Versatility. Our lawyers understand our clients’ businesses and help clients resolve disputes, in court or otherwise. Our attorneys engage in every variety of ADR: arbitration, mediation, early neutral evaluation, mini-trials and summary jury trial—focusing in every case on how best to reach each client’s goals and objectives.

Ahead of the curve. In any expanding field of law, our attorneys inevitably position themselves on the forefront of developments, and our ADR practice is no different. We were instrumental in the development of the Atlanta International Arbitration Society, ATLAS, and our attorneys engage in non-traditional ADR processes such as mediation-arbitration and baseball arbitration in addition to more common ADR processes.

International arbitration experience. The growth in ADR's popularity stems in no small part from the complexities of doing business across international boundaries. Our lawyers have a proven track record appearing before such international panels as the International Chamber of Commerce (ICC), the World Intellectual Property Organization (WIPO) and the London Court of International Arbitration (LCIA).

Industry knowledge. Our attorneys know the specific industry challenges facing our clients and rely on that knowledge to find suitable venues and procedures for ADR actions. Whether it is construction or finance, energy or professional liability, Sutherland's attorneys know the path that leads to a satisfactory ADR result.

Experience as arbitrators. Many of our ADR attorneys serve as members of arbitration panels. This enables them to see the process from the other side of the table and provides them with additional insight into the ADR processes from which our clients benefit.

Nuts and Bolts
We have successfully employed alternative dispute resolution techniques in a wide range of international and industry-specific disputes, including:

  • Accountants’ and professional liability
  • Business torts
  • Bankruptcy and creditors’ rights
  • Commodities
  • Construction contracts
  • Employment and labor
  • Energy
  • Environmental, insurance, toxic tort and Superfund
  • Financial services
  • Franchise and dealer matters
  • Insurance coverage
  • Intellectual property
  • Merger and acquisition agreements
  • Product liability
  • Real estate
  • Securities
  • Shipping

We have engaged in all types of ADR including:

  • Arbitration
  • Mediation
  • Early neutral evaluation
  • Mini-trials
  • Summary jury trials

Our attorneys have appeared before numerous arbitration panels and several serve on:

  • American Arbitration Association (AAA)
  • Panel of Commercial and Construction Arbitrators
  • CPR International Institute for Conflict Prevention and Resolution

We represent clients in proceedings administered by:

  • International Chamber of Commerce (ICC)
  • the World Intellectual Property Organization (WIPO)
  • the London Court of International Arbitration (LCIA)

Take Action
Sutherland's clients can save themselves time and money by relying on our experienced and innovative ADR team to find dispute solutions without recourse to traditional litigation.

Selected Experience
Sutherland reaches favorable settlement for major contractor through mediation in a dispute involving airport construction.
Sutherland represented the prime contractor on a $91 million runway project at Hartsfield-Jackson Atlanta International Airport when our client was named a third-party defendant in a complicated dispute between its erosion control subcontractor and a lower-tier subcontractor. Through mediation, the client was able to achieve a settlement of the case on very favorable financial terms.

Firm settles power dispute for international construction and engineering firm.
Sutherland represented an international construction and engineering firm in the collection of eight-figure amounts in a dispute relating to disruption and delay of power plant projects. At the same time, we defended our client against counterclaims for allegedly defective work. The case was settled through mediation, and our client received sums due without having to pay the opposing party’s claims for affirmative settlement.

Past Seminar Materials
  ABA 2011 Midyear Meeting, February 9, 2011