MEDIATION: The best possible results come when the parties to a dispute themselves craft an agreement they feel good about and can live with, especially when they will have an ongoing relationship after the immediate dispute has been resolved. Mediation works in nearly all cases, even when the parties are convinced that no agreement is possible. There are several different kinds of mediation, including facilitative, evaluative, interest-based, and narrative. We have found facilitative mediation, which emphasizes the importance of parties communicating directly with each other in a safe and supportive environment instead of playing "shuttle diplomacy", to be highly effective in all types of cases, but rather than rigidly following any model, we draw on the best parts of the different kinds of mediation to fit the needs of each case.

ARBITRATION: When a dispute can't be resolved through mediation alone, arbitration – which involves a private judge (or panel of judges) listening to both sides and issuing a binding decision – can be a good, cost-effective alternative to court trials. In arbitration, the parties retain substantial control over the timing and procedure. Arbitrations generally cost less, move faster, are more private, and intrude less on the parties' lives than court trials. There are only limited grounds for appealing an arbitration award, so arbitrations tend to have more finality. There are numerous ways of conducting arbitrations, and we'll work with the parties to decide whether there should be one arbitrator or a panel of three, how rigorously the rules of evidence should be applied, how much time should be allocated for each stage of the trial, etc.

PROCEDURAL DISPUTE MEDIATION: In litigation, much time and money are wasted on procedural disputes short of trial. For example, attorneys may reach an impasse over which documents need to be produced to the other side, what witnesses need to be deposed, or which issues are or aren't in dispute. Even if a case needs to be tried, we can help lawyers and their clients resolve procedural disagreements quickly, and narrow the issues in dispute by agreeing on the law to be applied or stipulating to some or all of the facts (see, e.g., ORCP 66) so that the ultimate trial is faster, more efficient, and less costly to the parties.

PRIVATE AND ADVISORY JURIES: In some cases, the parties want the speed, flexibility, and finality of arbitration, but are reluctant to give up their Constitutional right to jury trial. In other cases, settlement talks may be at an impasse because the sides disagree about how a jury is likely to view certain facts. In those situations, many people feel their only option is to proceed to a formal jury trial in the Circuit or District court.

There is an alternative, however. We can help the parties select a private jury of laypeople, comparable to the jury pool they would find in court, and try their case to that private jury. Depending on what the parties choose, the private jury can render either a binding verdict (resolving the case) or a nonbinding advisory verdict (a sort of "reality check" after which both sides are much more likely to reach a voluntary agreement). Just like arbitrations, private jury trials tend to be more private, swifter, more efficient, less appealable, and less costly than court trials.

CONSTRUCTION ADR: Change orders, backcharges, construction extras, liens, jobsite injury claims, insurance disputes, indemnity issues, and other problems can give rise to lengthy, and expensive, legal wrangling lasting for years after a construction project is complete. We regularly mediate or arbitrate such disputes after they arise, but there is a better way: naming a Construction Project Mediator or Third Party Neutral and a Dispute Resolution Board or Dispute Resolution Panel in the contract documents, before actual construction begins.

Under this system, the mediator and arbitrators for a project are already in place when a dispute arises. No party may file suit unless that party has first asked the Project Mediator to review the disputed items and attempt to mediate a solution; then, in the rare cases when mediation is unsuccessful, the pre-chosen members of the Dispute Resolution Board decide the controversy quickly and inexpensively. Most problems are resolved during construction, when memories are fresh and the relevant construction components can still be inspected. The savings in time, money, and business relationships can be enormous.

We will work with you to design a construction project dispute resolution system, including crafting appropriate contract language, setting up correct procedures, and selecting a panel of neutrals acceptable to all parties. Dispute Solutions LLC does not charge any fee to be named Project Mediator for a new construction project; all we ask is that you notify us that we have been designated before work begins, so we can be prepared to respond quickly if a dispute does arise.

HYBRID PROCESSES: Some cases lend themselves to creative combinations of the above methods – for example, if mediation is unsuccessful, the parties may ask the mediator to simply decide the case based on the information he’s learned; a mediation may be partially successful, resolving some issues and leaving others to be decided by an arbitrator; or a small private jury may help an arbitrator decide difficult questions of fact. At Dispute Solutions, we'll work with you to craft a flexible, efficient method, drawing on a number of tools, to resolve your unique case.

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