Parties facing protracted litigation often look for alternative ways to resolve their disputes that allow them to avoid years of defense costs, expert-witness fees, distractions for senior leadership, and the risk and uncertainty associated with a jury trial and years of appeals. Arbitration and mediation are two such options, and Brown Fox offers both.
In arbitration, the parties submit their dispute to a neutral decision-maker for a binding decision that brings finality faster than the parties could expect in court and carries almost no possibility of appeals. In mediation, the parties meet with a neutral third party who facilitates confidential settlement discussions. The mediator delves into the parties and facts involved in the dispute, facilitates a conversation about each side’s real interests, helps the parties evaluate the strengths and weaknesses in their cases, and helps them weigh the pros and cons of a settlement versus a world without a settlement. The mediator asks the parties to explore whether they are better off with a deal that stops the bleeding in legal fees and removes risk or better off not taking the best-and-final deal on the table. What are the consequences of not resolving the case now? Would either side lose a valuable customer, for example, or lose access to vital intellectual property or an essential facility? These are the kinds of questions that mediators often raise with the parties in the mediation context.
Brown Fox has professional arbitrators and mediators who are ideally suited to meet parties’ needs for expedited solutions, cost savings, and finality.