Alternative Dispute Resolution
Litigation should be the last resort for clients, as alternative dispute resolution (ADR) methods can offer enhanced discretion and cost benefits for highly sensitive matters. To avoid litigation, reduce reputational risk and control expense, every organization and business person should understand and utilize alternative dispute resolution options such as confidential negotiation, arbitration or mediation.
Our attorneys routinely act as advocates in resolving disputes without lengthy and expensive lawsuits, and many of us can also serve as neutrals in arbitration and mediation. Managing Member Francine Griesing is included on the American Arbitration Association Roster of Neutrals for commercial and employment matters, International Institute for Conflict Prevention & Resolution neutrals list for commercial, employment and hotel franchise matters, and the Philadelphia Commerce Court Judge Pro Tempore list. She is also a member of CPR’s National Task Force on Diversity in ADR.
Our attorneys are comfortable in the courtroom when necessary, though we regularly obtain confidential resolutions for clients who prefer a less contentious option. By serving as dispute resolution professionals in arbitration, mediation, and negotiation, we uniquely assess how parties perceive their rights and obligations and craft resolutions that reduce risk and limit liability. We are also experienced in handling the public relations challenges that often arise in sensitive matters, such as employment and shareholder disputes, and we strive to resolve these matters with all parties’ professional reputations intact.
We also advise clients in contract negotiation and drafting of ADR provisions so that they are best positioned to maximize their options in lieu of engaging in expensive and unpredictable litigation. We are on top of developments in mandatory arbitration and confidentiality issues, counseling clients to ensure that their ADR provisions are enforceable under current legal standards.
- Advised business clients on ADR options and negotiating ADR provisions in wide range of contracts in various industries, including developing restrictions of mandatory arbitration, class action waivers, and confidentiality.
- Served as sole arbitrator in employment dispute between major public entity and former top executive.
- Served as neutral arbitrator in employment discrimination cases brought by former employee against public company employer, including class actions arising out of wage and hour disputes and in a whistleblower action.
- Served as sole arbitrator in dispute between buyer and seller of $100 million hospitality assets.
- Served as court-appointed neutral mediator in multiple commercial disputes including partnership disputes, trade secret disputes between employers and former employees, and claims between companies and key employees over alleged ownership interest in business.
- Negotiated separation agreement for the general counsel of a biotechnology firm.
- Negotiated confidential separation agreements for various law firm partners and shareholders.
- Negotiated confidential separation agreements for C-Suite executives, General Counsel and other in-house legal professionals.
- Represented Board of religious institution in successful negotiation of employment dispute with principal clergy.
- Resolved a non-compete dispute with former high-level executive on behalf of a large retailer.
- Represented multiple technology companies and customers in disputes over functionality of and ownership rights in custom software.