A mediator works with parties and their counsel to determine if a mutually acceptable resolution can be reached on a voluntary basis. Patience, an understanding of applicable law, the ability to grasp the pertinent facts quickly, and explaining to the parties the strengths and weaknesses of their cases are critical skills. Arbitration leads to a final and binding decision, based on evidence presented to the arbitrator.
Our ADR Services
Morris James LLP’s attorneys have mediated and arbitrated complex commercial disputes ranging from disputes arising under merger or asset sale agreements, stockholder or operating agreements and insurance and other commercial contracts to bankruptcy (including preference and fraudulent transfer issues), and consumer and personal injury matters. With the need for arbitration and mediation services growing due to, among other things, the passage on April 2, 2015 of the Delaware Rapid Arbitration Act (“DRAA”), Morris James has established an Arbitration and Mediation Services Center to facilitate dispute resolution by third-party neutrals.
We have participated in both "Technology Dispute" meditations and "Business Dispute" meditations under Court of Chancery Rules 93 through 95, a unique program that allows for a confidential, pre-litigation mediation before one of the judges of the Court of Chancery.
The use of Alternative Dispute Resolution (ADR) techniques has continued to expand as clients look for ways to save time and money when resolving their disputes. Recognizing that value, Morris James continues to be a pioneer in the use of ADR:
- The Chairs of our Alternative Dispute Resolution Practice are John W. Noble, who served as a Vice Chancellor on the Court of Chancery for 16 years, and Charles H. Toliver, IV, who served as Judge on the Superior Court for 24 years.
- One of our attorneys was a principal drafter of the Delaware Voluntary Mediation Act.
- Morris James has served as mediation coordinating counsel for all states east of the Mississippi for a Fortune 100 client.
- Three of our attorneys serve as members of the Register of Mediators and Arbitrators for the United States Bankruptcy Court for the District of Delaware.
- Several of our attorneys are certified as mediators by the Delaware Superior Court and the American Bar Association.
We know how to encourage the use of ADR, including using special contract provisions that qualify under the Delaware Rapid Arbitration Act and Voluntary Mediation Act and under the rules governing Court of Chancery mediations.
We have the breadth of experience to assist clients in the alternative resolution of essentially any type of dispute, and the knowledge to recommend the most effective strategies during all stages of arbitration and negotiation. Attorneys in our ADR practice group also serve as special masters, mediators and arbitrators in civil litigation matters.
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