Alternative Dispute Resolution
Hoge & Gameros is an aggressive advocate for its clients in the courtroom and has an impressive record of success in bench and jury trials. Our reputation for thorough trial preparation and aggressive courtroom strategy often maximizes our clients’ ability to reach a settlement during pre-trial proceedings. However, we recognize that litigation can be time-consuming, and is always costly, and that even a victory at trial may not be the best way to meet a client’s objectives. Our lawyers have developed significant experience in alternative means of dispute resolution. We have achieved beneficial settlements for our clients in the course of numerous mediations. We have also handled dispute resolution in non-judicial forums, such as securities arbitration before both the NYSE and NASD and securities industry employment arbitration.
The three key areas of our alternative dispute resolution (ADR) practice include:
- Arbitration before a panel of experienced arbitrators with appropriate legal and technical training. Arbitration is sometimes faster and less costly than civil litigation because arbitration involves no appeals or re-trials, and because most pre-trial discovery and procedural wrangling are not allowed. In addition, many commercial agreements contain provisions requiring arbitration either as a precursor or a replacement for traditional litigation. Our lawyers have handled numerous arbitrations on behalf of our clients. We work to help clients decide which controversies are best settled by, and the best strategies for, concluding arbitrations.
- Mediation may take many different forms. Mediators often follow their own unique paths to develop an understanding of a dispute and supervise settlement discussions. Our firm has participated in numerous mediations. Our experienced lawyers are often able to reach favorable results in mediation that clients might not accomplish in a courtroom.
- Mini-trials are short-term forums presided over by a neutral advisor (often a retired judge or a respected lawyer from a panel). After each side has a fixed time to present its case, the advisor supervises settlement discussions based on the evidence presented. We have the experience necessary to make an effective mini-trial presentation and to manage the decision process to produce the most effective results for our clients.