Alternative Dispute Resolution
The traditional litigation process culminating in a jury trial is an important means of resolving disputes and, for many cases, may be the appropriate alternative. At Snell & Wilmer, we know that in other cases, however, litigation may be less desirable because of the cost, delay, publicity, and lack of control over the outcome. Snell & Wilmer's Alternative Dispute Resolution Services Group is especially skilled at achieving favorable outcomes for our clients who would be better served if their case were resolved outside the courtroom. Some of the more common alternatives to the traditional litigation process, all utilized by Snell & Wilmer's Alternative Dispute Resolution Services Group, include:
- Arbitration (involves the selection of one or more neutral third parties who render a binding decision following the presentation of evidence; may be compelled by court rule or by agreement of the parties, who typically share the expense)
- Mediation (involves the use of a skilled neutral third party who does not have the power to impose a solution, but assists the parties in arriving at their own confidential solution; parties retain ultimate control over the process and the resolution that may occur)
- Mini-trial (typically utilized in commercial disputes; involves a hearing before a neutral third party selected by the parties; requires that senior representatives of each party with authority to settle the dispute attend the mini-trial; allows the parties to retain control over the outcome and provide an opportunity for flexible and creative solutions to disputes)
- Negotiation (involves negotiation between the parties, with the assistance of their respective attorneys; the most widely used form of alternative resolution, with more than 90% of all disputes, both civil and criminal, resolved before trial)
- Summary jury trial (involves a private proceeding in a courtroom overseen by a judge, with jurors selected in a manner similar to an ordinary jury trial; jurors will provide either a non-binding decision or can be empowered to provide a binding decision; if parties agree that the jury’s decision is non-binding, parties typically engage in negotiation or mediation after the summary jury trial in order to resolve the dispute)
Attorneys in the Alternative Dispute Resolution Services Group provide our clients with a unique level of proficiency, which manifests itself in superior service and added value for our clients. They are particularly skilled at recognizing which cases merit litigation and which are more suitable for alternative dispute resolution, which has the advantage of being less time consuming and more cost efficient for our clients.
Clients of the Alternative Dispute Resolution Services Group are diverse in size, scope and requirements. We represent small businesses, emerging companies, medium and large corporations and even international companies in a wide variety of matters that are appropriate for alternative dispute resolution.
The group boasts several attorneys who concentrate their efforts solely on alternative dispute resolution. At the same time, the group draws on the wealth of experience and knowledge of other practice groups within the firm to provide favorable outcomes, as well as additional service and value, to our clients.