Mediation brings the parties together with a neutral third party to identify and narrow disputed issues, develop options and consider settlement alternatives, in an effort to reach a consensual agreement that will accommodate the needs and interests of all. In this confidential proceeding, the role of the mediator is not to impose terms on the parties, but rather to facilitate communications and the exploration of alternatives. Arbitration is a more formal process in which the parties select a third party to provide a binding decision, subject to limited review. The parties and their attorneys present their cases to an arbitrator who renders a binding decision, usually with a written opinion. Court rules of discovery and evidence are generally not closely followed.
Litigation is the traditional and most formal method of dispute resolution.
The advantages of formal discovery and binding decisions supported by reasoned opinions provided by formal trials and appeals, with or without a jury, must be balanced against the expense and time required to resolve the dispute by trial. Brown Rudnick can develop new procedures for a single dispute or create a comprehensive dispute resolution program that becomes an integral part of ongoing business operations. The value of ADR is not limited to those occasions when disputes have flared up. Brown Rudnick has developed a variety of dispute resolution provisions that can build a dispute resolution structure into an agreement or ongoing relationship. These procedures or contract clauses are designed to address the resolution of disputes before the particular dispute has reached a critical stage.