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Alternative Dispute Resolution
Stoel Rives' 150-member Litigation practice group has extensive experience taking complex litigation through trial. But because litigation is often prolonged, expensive and involves an unknown degree of risk, it is not always the best means to resolve disputes. Our lawyers are also highly skilled in other forms of dispute resolution and regularly use them to our clients' advantage.
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Whenever a dispute has the potential for resolution without trial, Stoel Rives' litigators develop strategies to position a case for early settlement consistent with the client's objectives. Often this means making use of Alternative Dispute Resolution (ADR) procedures, which take the resolution of disputes outside of court. ADR can provide more economical, efficient and flexible ways to resolve disputes. ADR procedures consist of a variety of procedures, including mediation, arbitration, mini-trials, private litigation, structured negotiation and dispute review boards.
ADR Representation
Stoel Rives' lawyers assist clients in two ways with ADR techniques:
- We represent clients as counsel in ADR proceedings in a wide variety of contexts. Areas in which we have substantial experience, resources and industry contacts include construction and design; engineering; manufacturing; energy; environmental; real estate; government relations; employment; contracts; health care; technology; intellectual property; banking and finance; corporate; and business and commercial.
- We possess strong capabilities as professional "neutrals," whereby our lawyers serve as mediators and arbitrators in ADR matters. For example, we regularly serve as neutrals on dispute review boards.
Much of our strength lies in the relationships we have with consultants and practitioners in the markets that we serve. And because the breadth of our legal services covers virtually every industry, Stoel Rives is able to draw upon its wide network of resources and contacts in assisting clients with ADR and litigation-related matters.
ADR Selection
Our lawyers have the requisite training, qualifications and experience to consider ADR alternatives in each individual situation. ADR may be implemented at any phase of a transaction—even before a dispute arises. It is often used as a prelitigation settlement tool. Different procedures may be used for different aspects of a dispute or used in tandem. Other critical factors we consider are the need for confidentiality, the amount in controversy, the level of hostility between the parties, and the availability of preferred mediators or decision makers. We help our clients consider the range of ADR options within the types of disputes that are likely to arise and with the outcomes that are likely to ensue. With creativity and insight, we guide clients through ADR proceedings with the goal of effective, prompt resolutions.
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