Alternative dispute resolution (ADR) proceedings, including mediation and arbitration, offer commercial parties the opportunity to resolve their differences without the burdens and expense of protracted litigation in state or federal court. Many commercial contracts require the parties to submit to mediation or arbitration or both instead of commencing a lawsuit. These types of “mandatory ADR” provisions are particularly common in certain industries, including the construction and securities industries. Other times, adverse parties may agree to try mediation or arbitration after a dispute arises.
Strategic and Practical Advice for Resolving Commercial Disputes through ADR
Alternative dispute resolution has traditionally been viewed as a cost-effective alternative to litigation; and, in many cases, it is. However, ADR is not always the best option. At Cullen and Dykman, we help our clients assess their options and choose the best path forward. If it makes sense to pursue a form of ADR, our attorneys provide representation through the entire process, from selecting arbitrators or mediators to arguing the case before an arbitrator, mediator or panel. Several of our attorneys also serve as mediators, arbitrators and neutral advisors for disputes ranging from civil rights injury matters to complex commercial disputes.
Our firm’s ADR experience includes representing clients in international arbitration. With the exponential growth of international trade in recent years, arbitration has proven to be a popular choice for resolving cross-border disputes between companies. Our attorneys have represented clients in arbitration proceedings involving companies from China, Mexico, Canada and various other countries around the world. In addition to being knowledgeable about the rules of international arbitration, our attorneys have the practical experience to address issues such as obtaining accurate translations of documents and retaining qualified experts on matters of international law and business. We also have significant experience overcoming hurdles related to obtaining discovery and enforcing awards rendered in international ADR proceedings.