Courts in Delaware and elsewhere resolve disputes among owners of companies. But litigation is expensive for all, time consuming, distracting and emotional. There is a better solution: alternative dispute resolution by mediation or arbitration.

In mediation, a neutral expert seeks to identify a plan that both parties can freely accept (or reject). As a facilitator, the mediator provides a non-binding confidential forum to allow direct negotiations between the parties. The parties are not obligated to negotiate a settlement, but they can choose mediation to improve the chances for a settlement. The mediator serves as an agent of reality to identify strengths and weaknesses of both sides and encourage realism in settlement negotiations. The mediator does not represent either party but is a cheerleader for mutually acceptable settlement agreement.

In arbitration, a neutral expert decides as a judge might decide. Unlike litigation, the arbitration is confidential. The arbitrator decides on rules of procedure, which can be as cumbersome as discovery in civil litigation. The arbitrator’s “award” is generally not appealable.

 

We offer services as mediator, arbitrator or negotiator.

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