• NGC's Alternative Dispute Resolution Practice
  • April 2, 2015
  • Law Firm: Nicola Gudbranson Cooper LLC - Cleveland Office
  • Mediation and/or arbitration have increasingly become preferred means for businesses to resolve commercial disputes. However, not all alternative dispute resolution (ADR) provisions are equal. Attorneys at Nicola, Gudbranson & Cooper have extensive experience negotiating fair and effective ADR provisions for their clients. And, when a dispute subject to an ADR provision arises, our attorneys have the know-how to manage the process for their clients effectively and efficiently.

    We provide clients with:
    • Third-party arbitration and mediation services
    • Negotiation of effective ADR language in contracts
    • Representation in commercial, contractual, insurance, employment, and construction disputes involving arbitration, mediation and other forms of ADR
    • Consultation regarding selection of arbitrators and ADR procedures
    It is important to note that arbitration provisions are negotiated and can be good, indifferent or bad. Courts will generally refuse to hear a dispute when the parties have agreed to use arbitration. Having virtually no right of appeal and limitations on discovery, available remedies and compensable damages could help or could hurt the ability to assert a claim.

    Consequently, it is essential to recognize that arbitration provisions should be carefully reviewed and negotiated. NGC attorneys have the experience necessary to assist their clients effectively in the selection of neutral(s), the acquisition and presentation of the evidence and law and the argument to the neutral(s). NGC's litigation attorneys regularly represent their clients in ADR proceedings in their areas of practice.

    Mediation is a process by which a neutral mediator helps the parties arrive at a voluntary, consensual resolution of a dispute. Parties craft their own resolution with the assistance of a mediator. Because it is a collaborative process, it can help preserve important relationships and foster new ones. A prior Legal Insights article ("Before litigation, try mediation," Summer 2013) elaborated on the process and advantages of mediation.