Alternative dispute resolution (ADR) methods, such as mediation and arbitration, are important means of settling disputes outside the courtroom for cost-efficiency and risk-avoidance and are recognized as the preferred option for settling conflicts in almost all civil practice areas. Accordingly, Martin Tate will advise clients, when entering contracts, how best to evaluate the option to choose mediation, arbitration, or both for settlement of future disputes. Arbitration clauses are standard in construction agreements, leases, and lending agreements, and mediation clauses are an emerging trend in all types of contracts. Even when the parties have not agreed to submit to ADR, courts often order mediation before advancing toward trial. Hence, both now and in the future, parties must consider the role of ADR as a viable method to identify their interests and to achieve the results they desire.
At Martin Tate, we know the crucial factors to assist you in determining whether or not to engage in ADR as the preferred method of dispute resolution. We advise our clients on when and how to use ADR to their advantage, including analyses of such important topics as cost savings, whether mediation should occur before the time and expense of the discovery battles in litigation, and how to confront a lawsuit without waiving any contractual right to arbitrate.
As further evidence of our expertise in the field of ADR, Director and Shareholder David Wade is a certified mediator, and has taught the course in ADR at the Cecil C. Humphries School of Law at the University of Memphis for many years. He and other Martin Tate attorneys have served as mediators and arbitrators on major litigation and contract disputes for parties throughout the South.