Alternative Dispute Resolution Options In Technology
The aim of argument, or discussion, should not be victory, but progress. JOSEPH JOUBERT
Technology Practice Group supports the entire panoply of dispute resolution programs and can provide complete case administration.
ADR programs include:
Solution Structuring Solution Structuring allows the parties to meet with a Neutral to jointly determine which procedure is best suited to the issues in controversy: conflict counseling, mediation, advisory opinion, mini-trial or arbitration. In some cases, Solution Structuring may yield a resolution in a few short hours.
Conflict Counseling Conflict Counseling enables the parties to meet at an early stage with a Neutral to discuss and resolve issues in controversy while work proceeds under the applicable agreement. The objective of Conflict Counseling is to limit the dispute’s negative ramifications in connection with ongoing contract implementation.
Mediation Mediation is structured to enable the Neutral to elicit the issues, facts, positions and most importantly the objectives of the parties and, when appropriate, bring them together to discuss settlement or propose a solution. Evidentiary hearings are not conducted and the parties must consent to the settlement.
Advisory Opinion Advisory Opinion provides each party an opportunity to present the salient facts of the dispute. The Neutral then issues a non-binding opinion which in many cases helps crystallize and focus the perception of one or both of the parties, enabling them to reach a resolution.
Mini-Trial Mini-Trial allows each party to present the relevant facts of their claim to a Mini-Trial panel comprised of each party’s senior management in the presence of a Neutral. Each party’s management representative can then meet with the Neutral to discuss settlement options. If a settlement cannot be reached, the Neutral may issue a non-binding opinion as to the likely outcome of the case if it were litigated in court.
Arbitration Arbitration is structured to allow the parties to submit their dispute on a fast-track basis to a binding decision on the merits of their respective claims. Arbitration rules are designed to limit the scope of discovery and include Best Offer and High-Low Arbitration.