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Alternative Dispute Resolution

Dispute resolution in forums other than the courts has become commonplace. Businesses are increasingly including provisions in their transactional agreements which call for alternative means of addressing disputes arising under those agreements before a suit can be filed. Arbitration is often faster and less costly than traditional litigation. Mediation is a less formal process in which the parties seek to reach a consensual resolution, as opposed to an adjudicated outcome through arbitration or court proceedings. Mediation has become a well-accepted means of finding a faster and creative solution and reducing the cost of conflict, while keeping disputes confidential.

Attorneys in the ADR practice have experience representing clients to resolve disputes effectively and efficiently by means alternative to traditional litigation. Taking innovative and creative approaches adapted to the unique needs and objectives of a particular client, our attorneys achieve results that often are superior to those available through protracted, expensive and uncertain litigation. This approach can produce substantial value and minimize cost and disruption for business clients.

Our skills in alternative dispute resolution are complementary to our litigation capacity as we work to find and obtain the best results achievable for our clients.

Post-Trial Mediation:
Shipman & Goodwin attorneys provide an opportunity for private mediation post judgment to assist litigants in avoiding the lengthy and costly appellate process and to bring their cases to a final disposition through a more expeditious process for those times when pre-trial mediation was not possible, or did not result in a disposition short of trial. For the litigant who prevailed at trial, mediation eliminates the risk of losing judgments and often affords an earlier pay date. For the party who lost, mediation eliminates the risks of having that judgment affirmed, thereby requiring the expenditure of more money, and for both sides, mediation eliminates the uncertainty of not knowing whether a retrial will be part of the future–along with a whole new set of appellate issues.

At Shipman & Goodwin, we offer a more focused and comprehensive approach to post-judgment mediation efforts, thereby increasing chances for meaningful resolution of disputes. Joette Katz, a leader in our appellate practice and a mediator with extensive appellate experience provides a fresh perspective on each case and helps explain the governing standard of review and the framework of the appellate process. By the time the case reaches the appellate stage, the legal issues have been developed and narrowed, the disputed facts have been resolved, the parties have seen the weaknesses of their respective positions as a result of what occurred at trial, and expectations have become more realistic. Our attention to each detail in this process translates to direct value for clients.

Working with our team of experienced appellate attorneys, Joette assists clients in understanding the risks associated with the appeal, aiding in the evaluation of those risks at a more precise level than before trial. Complex cases, business disputes, personal injury cases, and family matters all provide opportunities for post-judgment mediation. Shipman & Goodwin’s team of attorneys know the appellate process, are experienced practitioners, have the necessary credibility to challenge legal arguments, explore creative solutions and are committed to working with the parties until the case is resolved.

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