Mediation & Arbitration

Alternative dispute resolution provides a major advantage in that the clients decide which process is likely to benefit them the most.  At Antero & Tormey our mediation attorneys provide all forms of dispute resolution. The process and costs are determined based on how clients structure their resolution process.

The first step is neutral selection.  Based on the facts of the case, a neutral is selected.  It may only be a single mediator, or it may be a panel of up to three people.  Panelists may include experienced litigators in the relevant legal discipline, engineers and technologists from the appropriate art, or a combination. 

During the resolution process technological issues are resolved first.  This requires a brief statement from each party explaining their understanding of the relevant issues and supporting documents when appropriate.  These are exchanged between the parties in advance of an in-person meeting. In mediation, the panel will work with the parties to reach agreement on outstanding technological issues.  For arbitration, the panel will listen to both sides and reach a decision on the technological issues.  The resolution process may be iterative and the panel may, with the participant’s consent, rely on additional research or expertise beyond that provided by the disputants.

Reaching a resolution on the technical issues may provide all participants with enough information to reach a final settlement without further assistance.

Once technical issues are resolved, we provide for mediation or arbitration of the remaining issues. Like resolving the technical issues, a brief statement is required from each party explaining their understanding of the relevant issues and supporting documents when appropriate.  These are exchanged between the participants in advance of an in-person meeting.

For mediation, a mutually acceptable resolution is provided that may be legally enforced, whereas arbitration produces a decision by the panel that meets the needs of the participants.