Alternative Dispute Resolution

Crowe & Dunlevy is committed to the effective and efficient resolution of disputes in which our clients are involved as well as to the practice of preventive law.  The Firm's lawyers are knowledgeable about and experienced in alternative dispute resolution methods.  Where appropriate, lawyers in the Firm discuss with clients the availability of alternative dispute resolution procedures, such as arbitration, mediation, med-arb and mini-trials, to enable the client to make an informed choice concerning resolution of the dispute.  Similarly, the Firm suggests various forms of dispute resolution methodologies for inclusion in appropriate contracts to which clients are parties.

Crowe & Dunlevy is a member of the Center for Public Resources, Inc. Legal Program to Develop Alternatives to Litigation, and has adopted the Policy Statement on Alternatives to Litigation suggested by that organization.  A number of lawyers in the Firm are trained as mediators, arbitrators and hearing officers.  In addition, members of the Firm have been active as speakers and authors on alternative dispute resolution topics at the American Arbitration Association and the Center for Public Resources.

Crowe & Dunlevy attorneys have extensive Alternative Dispute Resolution experience in:

Labor/Management Relations
Domain Name Disputes
Litigation Settlements
Family Practice Dispute Resolution
Business Dispute Mediation
Business Transactional and Contractual Disputes
Medical Arbitration
Tort Law
Insurance Law
Class Action Matters
Intellectual Property 
Alternative Dispute Resolution as a Component of Litigation Practice

The use of alternative dispute resolution methods to resolve a wide variety of disputes has grown extensively in recent years.  Crowe & Dunlevy attorneys support alternative dispute resolution techniques to augment existing litigation capabilities and to meet our clients' comprehensive demands for preventive law and legal compliance services.  All litigation matters are screened for alternative dispute resolution potential.

Crowe & Dunlevy Litigation lawyers counsel clients about alternative dispute resolution and the optimum stage to employ such methods.  In addition, Crowe & Dunlevy Alternative Dispute Resolution lawyers are available to conduct a legal audit of a client's activities to identify problem areas and avoid or mitigate future disputes.

Alternative Dispute Resolution as an Aid in Family Practice Matters

Alternative dispute resolution is appropriate in a majority of family disputes involving divorce, property settlement, child custody, visitation and child support matters.  With alternative dispute resolution methods, particularly mediation, clients can exercise control over the resolution of their disputes and avoid much of the acrimony and expense involved in litigating their differences. Typically, alternative dispute resolution produces more satisfied clients who feel they have directly contributed to the resolution of their dispute by developing an agreement suited to their particular needs.  In addition, including a mediation clause in divorce decrees and child custody agreements helps avoid later expensive litigation.

Application of Alternative Dispute Resolution to Business Transactions

Alternative dispute resolution is appropriate in a wide variety of business settings.  Alternative dispute resolution methods have long been used to settle business disputes in labor-management matters, construction, insurance, computer technology and securities matters.  These alternative dispute resolution methods include arbitration, mediation, med-arb and mini-trials before executives of the parties.  However, alternative dispute resolution is used increasingly to settle disputes arising out of business transactions such as mergers and acquisitions.  The confidentiality and relative speed of alternative dispute resolution is of particular benefit in the business context, minimizing the adverse effect of unfavorable publicity and protracted acrimony on future business dealings between the parties and others in their industries.

Crowe & Dunlevy Alternative Dispute Resolution attorneys counsel clients as to available opportunities for effective use of dispute resolution techniques at all stages of a business relationship:

Prospectively

During Negotiation of and Documenting the Business Transaction
Contemporaneously

When a Dispute Arises and the Parties Seek Resolution While Maintaining Their Business Relationship

Retrospectively, Following Termination Of A Transaction When Facing The Threat Of Litigation From Problems Arising Out Of The Business Transaction

Many corporations will not sign a contract unless all parties to the contract agree to resolve disputes through arbitration, mediation or another alternative dispute resolution procedure.  Crowe & Dunlevy Alternative Dispute Resolution attorneys advise clients in business transactions about alternative dispute resolution contract issues.  These include determining the most likely type of disputes to arise under a particular contract, considering whether alternative dispute resolution would help resolve such disputes, and drafting the most appropriate alternative dispute resolution provisions.  In specialized industries, such as healthcare, for example, the benefits of alternative dispute resolution by knowledgeable dispute resolvers following a confidential, fast, economical and appropriately designed procedure is apparent.