Our Practices

Litigation

Alternative Dispute Resolution

We guide clients through alternative dispute resolution in  all varieties of disputes, including employment, construction, business, and complex commercial litigation matters.

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Alternative dispute resolution (ADR) is an important part of our firm’s history.

 

Engrained in our roots

Cole Schotz co-founder David L. Cole was a noted labor arbitrator and mediator who served as President of the National Academy of Arbitrators, Trustee of both the American Arbitration Association and the Carnegie Endowment for the International Peace, and Director of the Federal Mediation and Conciliation Service. We are proud to carry on his tradition of excellence in this area, and we are dedicated to ensuring that it remains a significant part of our firm’s practice.

 

Our goal is a favorable resolution

Building on that commitment, our experienced ADR attorneys work regularly with clients to determine if and when mediation and/or arbitration are viable alternatives to traditional “in court” litigation and how to best position a mediation or arbitration for the most favorable resolution possible.

 

Arbitration & Mediation

Arbitration is a non-judicial process in which disputing parties agree to be bound by the decision of a neutral third party or a panel consisting of multiple neutral third parties.  In some instances, our clients have already agreed to submit their disputes to private arbitration in their contracts long before we are retained.  In other instances, arbitration presents a confidential and generally more expedited alternative to litigation.

Mediation, on the other hand, refers to a non-binding process in which a neutral third party, often a retired Judge or experienced attorney, attempts to achieve a negotiated settlement between the two sides.  Mediation offers the benefit of allowing the parties to control the resolution of their own dispute, rather than leaving the decision to the neutral arbitrator or the Court.

For decades, the firm has regularly represented claimants and respondents in all manner of arbitration and mediation proceedings throughout the country, including before organizations such as the AAA, JAMS, FINRA, ICC, NAHL, and in private tribunal arbitrations.  We provide ADR guidance for all varieties of disputes, including employment, construction, business, and complex commercial litigation matters.   Aside from representing clients in arbitrations and mediations, our attorneys are appointed by the judiciary, or selected by private parties, to serve as meditators and arbitrators, carrying on the proud tradition started by David Cole.

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