For many disputes, businesses are finding nonjudicial methods of resolution (including arbitration and mediation) increasingly attractive, as these mechanisms are more cost-effective, less time-consuming and less adversarial than traditional litigation.In addition to representing parties in arbitrations, mediations and other forms of alternative dispute resolution (ADR), David Beck LLP attorneys have experience as third-party neutrals for early case evaluations, as mediators and arbitrators in court-annexed and private proceedings, and in other neutral advisory or decision-making roles. Appropriate case management seeks the best solutions for a client, and may include consideration of mediation, arbitration, mini-trials and other ADR methods. When cases are better suited for traditional litigation, the Duane Morris team has the resources of hundreds of trial attorneys.

The benefits of mediation, arbitration and alternative dispute resolution derive from their versatility and independence from court bureaucracy. The general concept of ADR has gained wide support among legislatures and courts. Successful ADR programs ensure neutrality, provide a forum for mutual education and encourage the parties themselves, not just their lawyers, to join in the negotiating process. In some instances, ADR may afford quicker resolutions and lower costs than conventional court proceedings.ADR may be particularly appropriate for clients who must maintain or strengthen business relationships with adversaries. Mediation and conciliation, as opposed to adversarial adjudication, may be especially helpful when there are ongoing business ties between potential litigants. In addition, ADR has the advantage of keeping witnesses off the witness stand, information out of the public record and the terms of a settlement confidential.

Arbitration. The parties present their cases to a single arbitrator (or to a panel of arbitrators) who renders a decision that is usually binding and not appealable to a court. Duane Morris attorneys have represented clients in arbitrations conducted under the rules of the American Arbitration Association, the International Centre for Dispute Resolution, JAMS, the International Chamber of Commerce, the International Institute for Conflict Prevention and Resolution (CPR), the rules of specialized associations and under private contractual agreements.
"High-low" arbitration. The award is guaranteed to be within a specific range. If the arbitrator's award is higher or lower than the agreed range, the difference is disregarded.
Nonbinding Arbitration. An arbitrator's decision is used as a basis for further negotiation.
Mediation. Nonbinding mediation before an impartial mediator who is knowledgeable about the subject matter of the dispute is the most common ADR procedure used in recent years. A mediator acts as a facilitator in a series of individual and joint settlement discussions. The decision is nonbinding and parties can terminate the mediation at any time.)
Mini-trials and simulated jury trials. Parties or their attorneys make their cases before a neutral or a simulated jury. No witnesses testify and the rules of evidence are relaxed. An advisory opinion from the "jury" serves as a basis for negotiation.
Conciliation. In this nonbinding process, a conciliator meets separately with each side and attempts to resolve differences. The parties normally do not meet or face each other in the conciliation process.
Other Methods. Other alternatives include settlement conferences before retired judges or professional mediators, early case evaluations and partnering, which is a collaborative contracting process focusing on dispute prevention that can be molded to fit the particular needs and resources of the parties.