Arbitration, Mediation, and ADR

Every significant enterprise must deal with disputes — and most businesses encounter them regularly. Our goal is to help you avoid these problems or, when that is not possible, to master them.

Experienced Counsel

Mintz Levin’s experience with litigation, arbitration, and other alternative dispute resolution (ADR) methods enables us to help you put in place practical, effective, formal and informal mechanisms for dealing with disputes. For example, we regularly become involved at the contracting stage, to draft appropriate mediation and/or arbitration clauses.

But when disputes cannot be avoided, we focus first on your objectives in light of the legal, commercial, reputational and other risks presented in each case. Our aim is to bring disputes to an early and successful conclusion through careful analysis of the particular problems presented, and we draw on our considerable experience to help you resolve matters quickly and effectively.

Mintz Levin’s active involvement in arbitration, mediation, and other methods of dispute resolution means that we can bring creative thinking to solving both tactical and strategic problems along the way. That sort of agility is as useful in creating approaches to settlement as it is in devising advantageous procedural tactics.
 
Our lawyers have considerable experience as arbitrators and as advocates in arbitration, as mediators and as counsel in mediations, and as negotiators. We have acted in institution-administered arbitrations by the American Arbitration Association, the International Center for Dispute Resolution, the International Chamber of Commerce, the Stockholm Chamber of Commerce, the London Court of International Arbitration, and the Singapore International Arbitration Center. We have been involved in self-administered arbitrations under the Center for Public Resources Dispute Resolution Rules, UNCITRAL Rules, and other programs, and in ad hoc arbitrations.

We also act as mediators, participating in federal and state court-sponsored programs. In fact, we frequently suggest mediation as a means for early resolution of appropriate matters, and we act as counsel in moderated negotiations.

International Advocates

Domestic problems are difficult enough. But as commerce and business continue to cross global borders, there has been an inevitable increase in international disputes. When cross-border conflicts arise, we recognize that conventional litigation is often ineffective — or inadvisable. When you face challenges like this, you need attorneys who can offer knowledgeable and coordinated advice, as well as experience with and sensitivity to cultural differences.
 
Our international arbitration lawyers have been involved in arbitrations (and ancillary litigation) involving parties or projects in Abu Dhabi, Austria, Bahrain, Canada, the People’s Republic of China, Egypt, Germany, Hong Kong, India, Indonesia, Italy, Japan, Mexico, Oman, Russia, Singapore, Switzerland and the United Kingdom.

Effective Resolution

Mintz Levin has been involved in arbitrations and mediations concerning:

• finance and banking disputes
• securities-related claims
• mergers and acquisitions
• strategic alliances, partnerships, joint ventures and other business combinations
• business break-ups
• intellectual property, including patent, trademark, copyright, and technology licensing and transfer disputes
• construction, engineering and architecture
• pharmaceuticals and biotechnology
• insurance and reinsurance
• sales of capital equipment, commodities, etc.
• service contracts
• telecommunications
• employment and executive compensation
• fraud and investigations
• political campaign fundraising.

Please follow these links to learn more about our recent experience in arbitration and mediation.

Please contact Gilbert Samberg (New York), Tony Starr (Boston) or Daniel Pascucci (San Diego) to learn more about this area of our practice.