Litigation

Alternative Dispute Resolution

Alternative Dispute Resolution

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In many of today’s contractual agreements, parties commit to alternative (non-trial) forms of dispute resolution – frequently arbitration. The reason: lowering the cost of a resolution and pursuing more predictable results. Regardless of the form or the forum, the lawyers’ experience and preparation will have a direct impact on the outcome.

All of our trial lawyers have represented clients in all forms of alternative dispute resolution (ADR), and are effective advocates in presentations to arbitration neutrals and in negotiations with the help of a mediator. Several of our attorneys serve on the construction and commercial panels of the American Arbitration Association and have conducted arbitrations for the International Chamber of Commerce. In addition, our lawyers conduct private arbitrations when requested by counsel for the parties in a dispute. Some have also presided over and participated in such dispute resolution forums as summary jury trials and mini-trials.

Several of our lawyers are trained third-party neutrals who themselves provide mediation and arbitration services. Our neutrals have conducted arbitrations and mediations of disputes pending in state court, federal court, and before the United States Board of Contract Appeals and the Court of Claims. We have also conducted mediations at every stage of litigation—before, during and after trial, and on appeal.

The types of arbitration in which we have represented client include baseball arbitration, bracketed or high-low arbitration, med-arb combination/sequence, single-panel and multi-panel arbitration. Mediation structures may take the form of a discovery master or special master, mini-trial, neutral evaluation, neutral fact-finding, or summary jury trial. Our attorneys are thoroughly experienced in all of these forms of ADR.

Among the many types of disputes arbitrated and mediated are the following:

  • Arbitration and mediation of construction disputes between owners, contractors and subcontractors regarding claims related to payment, extra work, wrongful termination, delay, and differing site conditions.
  • Arbitration and mediation of residential disputes involving construction defect claims under the Residential Construction Liability Act and Deceptive Trade Practices Act.
  • Arbitration of legal malpractice claims.
  • Arbitration and mediation of claims involving personal injury.
  • Arbitration involving securities claims before the National Association of Securities Dealers and the Municipal Securities Rulemaking Board.
  • Arbitration of a wide range of contract and commercial disputes.
  • Arbitration of trade secret claims, including electronic products, before the International Chamber of Commerce.

Our attorneys have experience with all major arbitral bodies, including:

  • American Arbitration Association (AAA)
  • International Chamber of Commerce (ICC)
  • London Court of International Arbitration (LCIA)
  • International Centre for Settlement of Investment Disputes (ICSID)
  • Arbitration Institute of the Stockholm Chamber of Commerce (SCC)
  • JAMS (formerly known as “Judicial Arbitration and Mediation Services, Inc.”)
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News/Events+

Publications

Events

10/21/16"Ethics: What Do Arbitrators Owe the Process?" College of Commercial Arbitrators
03/28/14"Construction Mediation," University of Houston, AA White Dispute Resolution Institute
03/07/14"Managing a Successful Arbitration," American Arbitration Association and College of Commercial Arbitrators
01/16/14"Lessons Learned From Decades of Mediating and Arbitrating," Houston Bar Association Construction Law Section
02/2010"ADR Strategies," American Arbitration Association, Corporate Counsel Colloquy Speaker
02/01/10"Arbitration Panel," State Bar of Texas Construction Law Conference Speaker
04/2004"Discovery Disputes in Arbitration Proceedings," American Arbitration Association
06/2003"Mediation Preparation and Advocacy," Porter & Hedges Litigation Continuing Legal Education Seminar
07/01/02“Arbitration Developments: Defects & Solutions,” reprinted in The Construction Lawyer, Journal of the Forum on the Construction Industry
01/01/01“Compelling and Resisting Arbitration,” State Bar of Texas, Construction Law Section