Alternative Dispute Resolution

Burlington:

Alison J. Bell, Thomas Z. Carlson, David W. M. Conard, & Christopher L. Davis

Middlebury: 

Ellen Mercer Fallon

We believe that the best resolution of a dispute is often one controlled by the client, not by the court. That is why, whenever appropriate, we talk with our clients about Alternative Dispute Resolution, or ADR. Our trial lawyers regularly represent clients in all sorts of ADR proceedings — arbitration, mediation, and evaluation. We employ a common-sense and creative approach to problem-solving, and are known for our ability to suggest and fashion a resolution that meets the needs of all parties.

It is no coincidence, therefore, that several of our lawyers are regularly asked to act as “neutrals” and to aid other parties in resolving their disputes. Whether by appointment of the state and federal courts or by the election of private parties and their lawyers, these lawyers serve as arbitrators, mediators, special masters, and evaluators. All have received special training in ADR and the role of a neutral in resolving a dispute. All have particularized expertise in the substantive law. All are committed to ensuring that the ADR process serves the specific needs of the parties involved.

Our ADR services include:

Arbitration
An arbitrator reviews the evidence submitted by the parties, decides the facts, and makes a binding decision. We frequently serve as arbitrators in all sorts of disputes, either solely or as a member of a panel.
Mediation
A mediator assists the parties in discussing the issues and agreeing to a voluntary resolution of a dispute. We regularly act as mediators in a wide variety of cases, whether pursuant to a court order or by an agreement of the parties.
Evaluation
The federal court, and some state courts, require that many cases undergo Early Neutral Evaluation, to assist parties in coming to a voluntary agreement. Several of our lawyers have been appointed and trained by the federal court to act as evaluators, and are frequently selected to do so in a broad range of litigation matters.