Waller Lansden's alternative dispute resolution (ADR) practice is comprised of attorneys who have a wide range of experience and training in anticipating approaches to and resolving business disputes short of final recourse in the courts. Several of our attorneys are trained and approved mediators serving state and federal courts as well as private mediation services. Others have years of experience as arbitrators in business disputes. Many more have acquired significant experience as mediation or arbitration advocates serving the firm's clients in a variety of dispute resolution contexts outside the judicial system.
Court statistics reveal that 97 percent of lawsuits are resolved before trial. Over half of those final resolutions occur by way of an agreed settlement between the parties. Increasingly, business disputes are resolved through mediation, arbitration and other resolution techniques without resort to litigation. Major companies look to their legal advisors to assist in avoiding the cost, delay and disruption of judicial dispute resolution while preserving the business objectives of the enterprise. Clients desire greater control and involvement in conflict resolution. In addition, sound legal counsel in many business transactions includes the creation of contractual commitments to mediate or arbitrate disputes that might arise in the future rather than suffer the uncertainty of a litigated outcome when a business relationship becomes jeopardized.
Waller Lansden's ADR attorneys assist clients in achieving efficient and effective resolution at many stages of the dispute. By creating enforceable dispute resolution agreements at the outset of employment or other business relationships, court involvement can be minimized or avoided. Even if litigation cannot be avoided, Waller Lansden can provide an ADR attorney whose unique skills can be called upon at appropriate times in the course of a lawsuit to determine if settlement can be achieved and how best to achieve the client's objectives while minimizing delay and litigation expense. Without distracting the trial team from the ultimate objective of success at trial, the ADR attorney can assist, advise and, where appropriate, participate in resolving the matter before trial.
ADR services regularly provided by Waller Lansden attorneys include:
- Mandatory arbitration agreements in employment
- Employment peer grievance review programs
- Commercial mediation and arbitration agreements
- Litigation dispute resolution, including litigation management
- Mediation and arbitration advocacy
- Mediation of domestic, employment and commercial disputes
- Arbitration of commercial, labor and construction disputes
The increasing complexity associated with modern business transactions requires innovative and cost effective methods of resolving potentially disastrous disputes. ADR enables clients to retain greater control over their business objectives with less cost and delay in reaching creative business solutions. Waller Lansden helps clients achieve business success and retain preferred control over the outcome when legal disputes arise.