Many of our cases involve these forms of alternative dispute resolution. We know the arbitration process well—C&S lawyers have handled countless arbitration proceedings. The process maintains confidentiality, and if managed well, can be less costly than litigation. We advise many of our clients to include arbitration clauses as part of their contractual protections.
We also evaluate mediation in virtually every case. It is a process which lets the parties control the outcome. Our philosophy is to control the case preparation, which allows us to give our clients the greatest leverage possible in mediation. Frequently, this results in a favorable outcome without the expense and uncertainty of continued litigation.
Blair’s article is a good read for lawyers on both sides of the “v.” It gives important advice, such as, “Avoid alleging facts that cannot be supported at trial. Plead consistent with your facts and with enough detail to get the right parties to the table. An insurer with a defense but no indemnification obligation may hamper settlement discussions.”