Mediation & Arbitration
Dickinson's mediation and arbitration attorneys are members of the American Academy of ADR Attorneys, and many of our lawyers have participated in alternative dispute resolution processes involving the American Arbitration Association, the National Association of Securities Dealers n/k/a the Financial Industry Regulatory Authority, the National Arbitration Forum, and other organizations.
Representative Mediations & Arbitrations
- Through an AAA mediation, the firm obtained 98% of the amount in controversy for a client in a dispute arising with regard to an asset purchase agreement.
- In an AAA employment arbitration, the firm won an award in excess of $900,000 in favor of a former executive based upon his employment agreement.
- In an AAA arbitration, the firm obtained a substantial setoff for a client who disputed the amount of inventory purchased in an asset purchase agreement.
Frequently Asked Questions Regrading Mediation & Arbitration
Is alternative dispute resolution public?
No. One of the reasons that parties commonly choose to pursue alternative dispute resolution over the courts is that the proceedings themselves are private and the results are not available to the public, whereas court records are public.
Is alternative dispute resolution binding?
Yes. Once parties have reached an agreement in mediation or if an arbitrator enters an award, the result is binding upon all parties, just as a judge’s decision or jury verdict would bind the parties. There are limited instances in which an arbitrator’s award could be appealed for further review by the court system.
Why is alternative dispute resolution less expensive than litigation?
Most ADR processes do not provide for the same type of discovery that is allowed in state and federal court proceedings. Although the parties still exchange documents, most ADR rules do not allow the parties to ask interrogatories or to take depositions, which usually reduces the cost of the proceedings significantly.