August 2016

Alternative Dispute Resolution


In some disputes, satisfactory closure can be achieved without the expense, delay and publicity of court proceedings. The Litigation Group provides clients with pre-litigation and preventive counseling, including advice on engaging in negotiation and mediation to achieve early settlement when appropriate.

Alternative dispute resolution (ADR) such as mediation, early neutral evaluation, arbitration, private judging and mini-trials affords our clients greater control over the outcome of their disputes through consensual rules and, where possible, a negotiated settlement, which is often preferable to the uncertainty attendant with leaving outcomes in the hands of a judge or jury. We recommend ADR whenever it is likely to lead to a satisfactory and cost-effective outcome. We customize dispute resolution processes around the needs of the particular case. We actively practice before the leading dispute resolution providers, including JAMS, the American Arbitration Association, ADR Services and FINRA, as well as in court-sponsored mediation and neutral evaluation programs.

Our litigation partners also provide ADR services as qualified certified neutrals, serving as mediators, arbitrators, early neutral evaluators and private judges retained through court appointments or direct engagement by private parties.  Our attorneys are members of ADR panels of neutrals for the American Arbitration Association, the Trademark Mediators Network of the International Trademark Association (INTA), the U.S. District Court for the Northern District of California and various California state courts, and are active in organizations promoting ADR.