Alternative Dispute Resolution Services
Rainey Devine offers a range of services in this practice area, some of which we have described in more detail below.
ADVOCACY REPRESENTATION IN ARBITRATED DISPUTES
We can help you manage all aspects of the arbitration process, from choosing the right arbitration forum, to deposing witnesses and preparing evidence and representing you in all hearings that might arise during the arbitration process.
Effective representation in arbitration proceedings requires a careful analysis of the costs and benefits involved in the case. In some instances, arbitration proceedings can prove more costly than full blown litigation. Meanwhile, in large cases, even after an arbitrator’s decision is rendered, the matter may still ultimately end up in litigation. For these reasons, you need to carefully plan ahead and be mindful of the costs incurred at all phases of the arbitration.
We individually assess each case from start to finish, crafting tailor-made solutions that best suit your needs. In some cases, we may decide that the most effective course is to aggressively invest in the arbitration proceedings with extensive discovery and multiple hearing dates. Whereas, in other cases, we may decide to scale back our investment in the arbitration, saving our resources for the inevitable court battle that will ensue after the arbitration proceedings.
ADVOCACY REPRESENTATION IN MEDIATED DISPUTES
In mediation forums, we can provide you with essential advice and guidance. The attorney’s role in a mediation is admittedly less intrusive than in arbitration. The client is usually asked to speak on his/her own behalf and asked to personally engage in negotiation and settlement discussions. Our role is that of an advisor. We provide you, the client, with the legal advice necessary to understand your negotiating position.
While mediation is intended as a non-threatening forum of compromise and understanding, it can often become quite intimidating. The mediator does not take sides and often does not know the facts of your specific circumstances. Moreover, the mediator is not there to render a fair and equitable decision, but instead merely works to bring the parties to agreement (regardless of whether that agreement is necessarily fair). If you are up against an aggressive opponent, the mediator may not be able to keep the negotiations from becoming too one-sided. Consequently, you truly need the advice and guidance of an attorney to help you steer the settlement toward an equitable resolution. We can provide that advice and guidance.
MEDIATOR AND ARBITRATOR SERVICES
In addition to the advocacy services mentioned above, we also mediate and arbitrate disputes at very reasonable rates. If you are locked in a dispute with someone and wish to resolve your issues outside of court, we may be of assistance.
Acting as mediator, we can provide parties with a safe, comfortable and calm environment, in which the parties can explore their differences and hopefully reach an amicable compromise to those differences. It is our goal to help the parties reach a clear, definitive resolution that prevents the excessive cost and inconvenience of litigation.
As an arbitrator, we provide a forum for the parties to quickly and efficiently make their respective arguments. Then, after analyzing the positions and all of the papers filed by the parties, we provide a written decision, supported by both findings of fact and conclusions of law. We pride ourselves on providing parties with thorough and well reasoned analysis, ensuring that whatever our decision is, we did not arrive at it lightly.
Our pricing for ADR services is typically based upon our Firm’s standard hourly rate, which ranges from $125 to $275 per billable hour, depending upon the attorney or staff member performing the services.
To further discuss our services and pricing in this practice area, please contact us to schedule a consultation.
For further information, please take a look at our Frequently Asked Questions on this subject.