The use of alternative dispute resolution (ADR) techniques in litigation is growing as clients look for ways to save time and money when resolving their disputes. Recognizing that value, Morris James continues to pioneer the use of ADR in litigation.
A good 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 mediators and arbitrators have the breadth of experience to assist clients in the alternative resolution of a broad range of disputes, as well as the knowledge to recommend the most effective strategies during all stages of arbitration and negotiation.
- The Chairs of our ADR 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 a Delaware Superior Court Judge for 24 years, bringing judicial depth to our approach.
- One of our attorneys served as a principal drafter of the Delaware Voluntary Alternative Dispute Resolution Act.
- Morris James serves as mediation coordinating counsel for all states east of the Mississippi for a Fortune 100 client.
- We are intimately familiar with the ADR procedures for the Delaware and federal courts, including the U.S. District Court for the District of Delaware, Delaware Court of Chancery, Delaware Superior Court and the Delaware Court of Common Pleas. Indeed, several of our attorneys have played a role in developing these procedures.
Our ADR Services
Morris James attorneys mediate and arbitrate complex commercial disputes including disputes arising out of merger or asset sale agreements, stockholder or operating agreements, insurance and other commercial contracts, including preference and fraudulent transfer issues. We also mediate and arbitrate tortious claims related to consumer and personal injury matters.
We mediate both "Technology Dispute" and "Business Dispute" meditations under Delaware 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.
We encourage the use of ADR techniques in litigation, including using special contract provisions that qualify under the Delaware Rapid Arbitration Act, the Delaware Voluntary Alternative Dispute Resolution Act, and the rules governing Court of Chancery mediations.
Several of our attorneys are certified mediators by the American Bar Association and the Delaware Superior Court.
Three of our attorneys serve as members of the Register of Mediators and Arbitrators for the U.S. Bankruptcy Court for the District of Delaware.
Several of our mediators and arbitrators also represent both plaintiffs and defendants in personal injury actions and spend significant time serving as arbitrators in binding and nonbinding proceedings and as mediators in all types of tort claims.
Morris James established an onsite Arbitration and Mediation Services Center that provides ADR clients with all of the amenities and privacy needed to successfully resolve cases.
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