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Practices

Alternative Dispute Resolution

We understand that most of our clients would rather focus their time and energy on their businesses rather than on litigation. Many disputes can be resolved without recourse to the court systems, and most disputes that do mature into a lawsuit will be settled before trial.  Strategic and appropriate dispute resolution alternatives often can lead to good results more quickly and less expensively than traditional litigation.

Attorneys at Brouse McDowell employ various forms of Alternative Dispute Resolution (“ADR”) which include structured negotiations, early neutral evaluation, mediation (both private and court-facilitated), mock trials and mini-trials, arbitration (binding and non-binding; private and formal) and summary jury trials.  We work with all of these formats in order to assist clients in achieving their goals.  Our lawyers have comprehensive experience in helping clients attain a resolution of their conflicts through effective use of ADR.

Collectively, our lawyers have conducted hundreds of rights and interest arbitrations. Our arbitration database and professional networks provide us with key insights into the intellectual and political proclivities of various arbitrators, relative to the unique contract interpretation or discipline issues they have decided.

Representative Matters:

  • Recovered in excess of $1 million in damages for major oil company in private arbitration of environmental property damage dispute involving multiple truck stop properties
  • Arbitrated reinsurance dispute on behalf of a captive insurance company before ARIAS arbitration panel
  • Acting as mediation counsel for major U.S. manufacturer of consumer products, has successfully settled cases without litigation expense
  • Successfully mediated insurance recoveries on behalf of national retailer in the wake of multiple fire losses
  • Successfully resolved multi-party insurance dispute on behalf of contractor, following collapse of building in windstorm.