ADR Services

Alternative Dispute Resolution (ADR) Services for Civil and Commercial Matters

Resolving legal disputes through alternative dispute resolution (ADR) requires rigorous preparation and, in many cases, an openness to creative solutions. This means the parties need a third-party neutral who has a deep understanding of their dispute and who can rely on his or her experience in similar matters to guide the parties toward a mutually satisfactory resolution.

From cross-border commercial disputes to personal injury matters, we provide ADR services for parties involved in all types of disputes. With a combination of experience in private practice and as attorneys for the U.S. government, our mediators are extremely well-versed in all aspects of complex dispute resolution. Our attorneys represent clients in mediation and arbitration in select matters as well.

Our Alternative Dispute Resolution Services

Our attorneys are available to serve as mediators for all types of disputes involving businesses, other organizations, and individuals. We take a cost-effective and results-oriented approach to providing ADR services, prioritizing both efficiency and finality. Our services include:

Mandatory Mediation

Parties may be required to mediate their disputes in various circumstances. Our attorneys serve as third-party neutrals for mandatory mediation proceedings including (but not limited to):

Court-mandated mediation in civil and commercial litigation
Mediation required under commercial contracts
Mediation required under collective bargaining agreements (CBAs)

Whether a judge has ordered mediation or the parties have agreed in advance to mediate any disputes that may arise, both parties are required to come to the table in good faith. Both parties must look forward, not backward, and both parties must be prepared to consider reasonable options for resolving their dispute without going to trial. As mediators, our attorneys provide unbiased support, facilitation, and guidance during this process with the goal of helping the parties achieve a fair outcome that allows them to move on from their dispute without the need for further proceedings.

Voluntary Mediation

Our attorneys serve as third-party neutrals in voluntary mediation proceedings as well. Oftentimes, even when parties cannot agree on anything else, they will share a common interest in avoiding costly and protracted litigation. Mediation affords the opportunity for disputing parties to find a solution that they would be unable to find on their own.

From commercial disputes to divorces and other family matters, we are available to mediate all types of disputes in which the parties are willing to voluntarily come to the mediation table. When parties attend mediation voluntarily, there is no guarantee that they will be able to come to terms, but working with an experienced mediator who is committed to exploring all possible options can help significantly increase their chances of success.

Private Mediation

We provide private mediation services for disputes involving sensitive matters as well as disputes between high-income and high-asset individuals. In these scenarios, not only can mediation be a highly effective means of alternative dispute resolution, but pursuing mediation also ensures that the parties’ dispute will be kept out of the public eye. Representative examples of matters for which we provide private mediation services include:

Disputes involving private transactions
Family law matters
Probate and estate administration matters

In these and other situations, private mediation provides a way to come to terms in confidence and without the need to deal with the procedures and protracted timeline of litigation. Whether private mediation lasts a single day or takes place over multiple days or weeks, our attorneys can provide custom-tailored guidance focused on finding a way forward that is acceptable to both parties.

Representation in Mediation

Along with serving as mediators, our attorneys are also available to represent parties in mediation in select cases. When representing clients in mediation, we bring the same level of professionalism and dedication to finding amicable resolutions to the table. At the same time, we put our clients’ interests first, and we are committing to making sure our clients make informed decisions with their long-term best interests in mind.

Our attorneys have extensive experience representing clients in an extremely wide range of disputes, and the reach of our litigation practice spans around the globe. Whether you are facing a dispute for which you would like to pursue (or need to pursue) mediation or you have a client who needs an advocate experienced in achieving favorable outcomes through ADR, we invite you to get in touch to learn how we can help.

Representation in Arbitration

Our attorneys are available to represent clients in arbitration in select cases as well. Unlike mediation, arbitration results in a binding decision, and pursuing arbitration involves going before an established arbitration provider. There are several of these arbitration providers in the U.S. and around the world, and each has its own unique set of rules and procedures. As a result, relevant experience is essential for managing the arbitration process efficiently and taking a strategic approach to targeting a favorable resolution.

We are available to handle arbitration proceedings filed with the AAA, JAMS, ICC, and other arbitration providers throughout the U.S. and worldwide. We represent clients in both mandatory and voluntary arbitration, and we handle cases involving all types of complex civil and commercial disputes. If your company needs (or a client needs) experienced legal counsel for arbitration in the U.S. or abroad, we invite you to contact us for more information.

When We Can Help Resolve Disputes Through Mediation

We provide alternative dispute resolution services for all types of civil and commercial matters involving parties in the U.S. and abroad. From working with large multi-national companies to working with family members, we assist all types of parties with resolving their disputes through mediated settlements.

Some examples of the types of disputes that our attorneys can help parties work to resolve through the mediation process include:

Civil Litigation

Our attorneys are available to provide mediation services in connection with civil litigation involving companies and individuals—from landlord-tenant disputes to customer complaints, and from disputes between shareholders to disputes between family members. We can provide mediation services as a precursor (and possible alternative) to litigation or at any stage during the civil litigation process.

Commercial Disputes

We are available to provide mediation services for commercial disputes as well. This includes everything from complex oil and gas industry disputes to intellectual property licensing disputes and everything in between. Here too, we can provide mediation services at any stage of the process, and we can tailor our services to the scope and value of the dispute at hand.

Divorces and Other Family Law Matters

Our attorneys also provide mediation services for divorces and other family law matters. In these types of cases, mediation can be a highly effective tool for finding a way to come to terms that preserves relationships while also avoiding unnecessary costs. We are available to serve as mediators for probate, estate administration, and other family-related matters as well.

International Disputes

Several of our attorneys have significant experience in the international dispute resolution arena. If your company (or a client) is facing a cross-border dispute and you are considering mediation (or mediation is required), our attorneys can use their international experience to help facilitate productive and good-faith proceedings focused on achieving an amicable resolution that leads to a binding settlement.

Personal Injury and Wrongful Death Cases

Mediation can be an effective tool in personal injury and wrongful death cases as well. Insurance companies, property owners, manufacturers, and other companies routinely use mediation as a means of negotiating reasonable settlements with accident victims and their families. As with all of our ADR services, when serving as mediators in these cases, we maintain an entirely neutral posture while focusing on helping the parties find a mutually agreeable path forward.

What to Expect from the Mediation Process

What can you expect when you engage an attorney at Oberheiden P.C. to serve as a mediator? Here is what you can expect from our ADR services:

A Structured Process – While flexibility is a key feature of mediation, it is still important to build structure into the process. We take a structured approach to mediation designed to help keep the parties working toward the end goal of achieving an amicable resolution.
A Focus on Conflict Resolution – We prioritize conflict resolution during the mediation process. Our mediators are skilled in this area, and we focus on addressing conflicts (and potential conflicts) early so that we can help resolve them before they disrupt the process.
Rigorous Preparation – We also prioritize preparation. When serving as mediators, our attorneys work hard to ensure that they have a comprehensive understanding of the parties’ dispute and the events to date so that they can provide insightful recommendations right away.
Complete Neutrality – In all matters, our attorneys maintain complete neutrality when serving as mediators. This is a fundamental tenet of mediation, and it is a tenet that we take extremely seriously.
Forward-Thinking and Practical Recommendations – In all matters, we also maintain a focus on providing forward-thinking and practical recommendations. Our mediators rely on their extensive experience to help parties achieve real-world solutions to real-world disputes.

Why to Choose Oberheiden P.C. for Alternative Dispute Resolution (ADR)

If you need (or a client needs) to pursue alternative dispute resolution (ADR), why should you choose Oberheiden P.C.? Here is what we have to offer:

Integrity – Integrity is at the core of our ADR practice. We take our role as unbiased neutrals in mediation proceedings seriously, and we prioritize client satisfaction when representing parties in mediation and arbitration. Our mission in every case is to help facilitate a just outcome as efficiently and cost-effectively as possible.
Empathy – In disputes involving sensitive family-related legal matters, life-altering injuries, and the loss of loved ones, we take an empathetic approach to the ADR process. We take the human aspect of these disputes into account while still maintaining absolute impartiality.
Innovation – From state-of-the-art legal technology to creative dispute resolution strategies, we leverage innovation to help parties resolve complex disputes outside of the courtroom. We have the capabilities required to handle both in-person and remote mediation involving parties throughout the U.S. and worldwide.
Accessibility – We prioritize being accessible during the mediation process. We understand that parties and their counsel will often need to speak with us both before and after mediation sessions, and we do what we can to keep the process moving forward as efficiently as possible. Maintaining 24/7 accessibility is a priority in our client representation as well.
Experience – As discussed above, our attorneys have extensive experience in all aspects of complex dispute resolution. When you engage one of our attorneys to serve as a mediator, you can be confident that the mediator handling your (or your client’s) dispute has the experience required to help facilitate a fair and final outcome.

FAQs: Using ADR to Resolve Conflicts Without Litigation

When Are Mandatory Mediation Clauses Enforceable?

Mandatory mediation clauses are enforceable in most circumstances, particularly in the commercial context. When commercial parties agree to mediate any future disputes in an arm’s length transaction, the courts will generally respect the parties’ agreement. In the United States, mandatory mediation clauses in licenses, franchise agreements, shareholder and partnership agreements, purchase and sale agreements, and other types of contracts will be enforceable in most cases. Mandatory mediation clauses in arm’s length contracts between individuals will generally be enforceable as well.

To be clear, however, an obligation to mediate is not an obligation to reach an agreement through the mediation process. While both parties must generally participate in the mediation process in good faith, neither party is required to agree to settle their dispute. This is one of several reasons why it is important to engage an experienced mediator who can help facilitate good-faith settlement negotiations that encourage both sides to come to the table.

When Does It Make Sense to Pursue Mediation Voluntarily?

Deciding to pursue mediation voluntarily can make sense in a wide range of circumstances. Not only can mediation be an extremely cost-effective alternative to litigation, or even arbitration, but it can also help preserve relationships that might otherwise be lost.

This is true in the commercial context, where disputing parties’ business relationships can often be essential to both parties’ long-term growth, and in the context of disputes between family members and other individuals. Whether efficiency or preserving a relationship is your primary goal, it can be well worth pursuing mediation as an alternative to formal dispute resolution proceedings.

What Traits Should I Look For in a Mediator?

When choosing a mediator, relevant experience is undoubtedly a key factor. This includes both experience in the relevant subject matter and experience in mediation. Accessibility and the ability to communicate clearly are key traits as well, as effective communication can be critical for bringing parties closer to settlement.

How Can Disputing Parties Agree On a Mediator?

Disputing parties can agree on a mediator in various ways. One option is for one party to propose a mediator for the other party to evaluate and approve. Alternatively, both parties can propose mediators, and then the parties (through their counsel) can begin narrowing down their options. A third option is for each party to select a mediator, and then these two mediators will select an unaffiliated third-party neutral to assist the parties with resolving their dispute.

How Do Mediation and Arbitration Differ?

While mediation and arbitration are both forms of ADR, this is where their similarities end. In mediation, the parties work collaboratively with a neutral third party (the mediator) whose role is to help the parties reach an amicable settlement. In arbitration, the parties present their respective claims and defenses to an arbitrator or arbitration panel; then, after considering the parties’ arguments and evidence, the arbitrator or panel renders a binding decision.

Although mediation is not guaranteed to produce a final outcome, it will produce a final outcome in most cases—provided that both parties are willing to come to the table in good faith. The mutual desire to avoid litigation can be a powerful motivator; and, once the parties open the mediation process, working with a mediator who is able to help keep the process moving forward can help maximize the chances of an amicable resolution.

Is Mediation Confidential?

Yes, mediation is a confidential process. As part of their agreement to mediate, the parties will generally agree to keep all information related to their dispute strictly confidential. The mediator will be subject to strict confidentiality obligations as well; and, since mediation is a private dispute resolution process, there are no public filings. This confidentiality is also a key factor for many parties in deciding to pursue mediation rather than litigating their disputes in court.

Speak with a Senior Attorney at Oberheiden P.C. About Our ADR Services

If you would like more information about our ADR services, we encourage you to contact us for a free, no-obligation consultation. We provide mediation services for parties facing disputes throughout the United States and worldwide. To speak with one of our senior attorneys in confidence, please call 888-680-1745 or tell us how we can reach you online today.