Mediation & Arbitration
Posts by Mediation & Arbitration
Civility as a Negotiation Strategy
By: Gregory S. Clayton When I teach Negotiation,…
10 Mediation Mistakes
While good mediators can work around almost…
ADR: When Mediation Becomes a Client’s Day in Court
Not long ago, alternative dispute resolution…View All Practice Area Posts >>
Primmer Piper Eggleston & Cramer’s attorneys serve as private and court-appointed mediators on a broad range of civil litigation and commercial matters.Drawing on their years of experience as trial attorneys for both plaintiffs and defendants, the firm’s mediators bring an in-depth knowledge of both the litigation and mediation process to communicate effectively with parties and counsel about the strengths and weaknesses of cases and the advantages of controlling risk through negotiated resolutions. With most courts now requiring litigants to participate in mandatory alternative dispute resolution (ADR) as part of the litigation process, an intimate understanding of the mediation and arbitration processes and the advocacy skills that are effective in such venues is critical to effective client representation.
The firm’s mediation style couples an in-depth understanding of the facts and law with an aggressive “hands-on” approach to identifying and communicating risks to all sides, which helps bring the parties to closure in difficult cases. Our mediators handle a wide variety of cases, which include:
- Complex commercial litigation
- Construction litigation
- Consumer Fraud
- Contractual disputes
- Employment disputes
- Excessive Force/Section 1983
- Franchise litigation
- Insurance coverage disputes
- Insurance errors and omissions
- Insurance sales practices
- Land-related litigation including boundary and title disputes and rights of way/easements
- Municipal disputes
- Personal injury
- Products liability
- Professional malpractice
- Reinsurance disputes
- Timber Trespass
- Undue Influence/Will Contests
- Individual arbitrators
- Arbitration panels
Drawing on their broad experience as neutrals, the firm’s attorneys are particularly effective advocates for clients in private mediation and arbitration, as well as court-ordered mediations in the state and federal courts of Vermont, New Hampshire and Maine.
Frequently Asked Questions
Mediation is a non-binding process involving a neutral who guides the parties but does not make decisions about the case outcome. In an arbitration the arbiter or arbitration panel hears evidence from the parties and decides the case outcome. Thus, in mediation parties reserve control over decisions and work collaboratively with the mediator to try to reach agreement, whereas arbitration is more like an informal trial with the decision being made by the neutral.
Only attorneys with significant experience in the subject matter and procedures involved in a particular type of case can fully advise the parties of advantages and disadvantages in their position and the likely course of further litigation in the event no settlement is reached.
Mediations result in settlement of over 90% of all claims either at the session or in follow-up communications shortly thereafter.