Alternative Dispute Resolution

Alternative dispute resolution (ADR) techniques represent an alternative to traditional litigation.  Clients and counsel are demanding more efficient, cost effective, non-traditional solutions to disputes, particularly when there is a need to maintain or strengthen a business relationship.  Although many of our attorneys counsel clients on alternatives to litigation, attorneys in the Alternative Dispute Resolution group have particular expertise in sophisticated ADR techniques which can be used for resolution of a broad spectrum of disputes running the gamut of commercial and business litigation.

Our attorneys serve as arbitrators, mediators  and neutrals in a number of areas.  For example, we have experience with contract issues and other commercial matters, bankruptcy, personal injury, wrongful death, sexual harassment, and intellectual property matters.  Many ADR techniques offer significant flexibility and our lawyers can recommend when appropriate, med-arb, neutral evaluation, summary jury trial, mini-trial, high-low or other forms of arbitration.  These techniques offer an alternative to the crowded court system that litigators now face.  More importantly, there is the potential to reach a better outcome than that available through traditional litigation.  In mediation for example, parties can explore creative options with an experienced mediator that would not be available through a court disposition.

One of our partners is a former Superior Court Judge who was instrumental in initiating the Court’s very successful Rule 16 arbitration program in Delaware. He has taught ADR at Widener University School of Law and at the National Judicial College in Reno, Nevada.  He is also a former general counsel and CEO of a major Delaware corporation.  Another of our partners is a member of a panel of special masters for the United States District Court for the District of Delaware and is also one of three Ombudsmen for that court.  The experience of our attorneys  serving in the capacity of arbitrators and mediators has contributed to the training of the many Potter Anderson & Corroon attorneys who serve as advocates in all types of litigation contexts.  This experience also has contributed to more effective client counseling with respect to decisions to pursue alternative dispute resolution options.