Disputes happen. No matter how expertly agreements are drafted or how diligently risk mitigation programs are implemented, disputes are a part of doing business. At Nixon Peabody, our clients depend on us to proactively help them understand the costs and opportunities of various alternatives, and provide strategic advice regarding their best course of action, which we then execute, based on how they define success.
We have a proven track record for employing a wide range of successful dispute resolution mechanisms for our clients, including arbitration, mediation, case evaluation, private judging, tiered resolution systems, facilitation, consensus building, negotiation training, and coaching.
Our attorneys are highly adept at helping our clients navigate the complexities of international disputes. We are known for our understanding of and ability to manage cultural differences. Our multilingual teams work well with local counsel, who often play a key role in moving a case through the international arbitration and litigation process.
Benefits of ADR
Understanding and executing effective ADR strategies is more important than ever before. Our primary goal is to help clients prevent, manage, and/or resolve disputes at the earliest possible stage. Benefits to our clients when we implement an effective strategy include:
- Prevention of disputes
- Early resolution of disputes
- Cost savings
- Greater client control over dispute resolution
- Outcome tailored to clients’ objectives
- Preservation of relationships
- Ability to avoid emotional jury verdicts
Our clients have found that ADR can be effective in many areas of business disputes, including:
- Complex business litigation
- Intellectual property and technology disputes
- Employment law
- Principals in closely held and family business
- Environmental and toxic tort litigation
- Securities and class actions
- Real estate and land use disputes
- Directors’ and officers’ liability
- Professional malpractice
- Disputes between parties with ongoing relationships such as franchisee/franchiser, licensee/licensor, joint ventures
- Relationships and disputes between partners or with key executives
- International disputes
- Disputes within legal, accounting, medical, and other professional associations
Nixon Peabody is a member of the CPR Institute for Dispute Resolution. Our attorneys participate as neutrals in programs run by the American Arbitration Association, CPR Institute for Dispute Resolution, and National Association Securities Dealers, as well as in other state and federal ADR programs throughout the country.
Many group members participate and serve in leadership roles to develop ADR programs, including in the United States District Court for the District of Massachusetts, the Superior Courts of Massachusetts and New Hampshire, the District Court of Massachusetts, and the Boston Municipal Court, and have assisted in drafting legislation to amend the Massachusetts Open Meeting law to allow participation in ADR programs.