Alternative Dispute Resolution

Fitch Law Partners LLP has represented clients in a wide array of complex litigation cases for over thirty years. Litigation has proven to be a fair and effective — and sometimes inevitable —means for resolving serious disputes. However, the costs and uncertainties of litigation and the desire to maintain business relationships, among other factors, have spawned the increased popularity of alternative dispute resolution (ADR) processes, principally arbitration and mediation. The lawyers at Fitch are highly experienced advocates in ADR and several serve as third party neutral arbitrators and mediators.

Arbitration

Jonathan W. Fitch is an arbitrator on complex international and domestic commercial, securities, construction, business and employment disputes. Mr. Fitch has extensive experience as an emergency arbitrator, sole arbitrator, panelist and panel chair in commercial arbitrations. He is a member of the panel of arbitrators of the International Centre for Dispute Resolution (the ICDR), one of the most highly regarded international arbitral institutions with operations throughout the world. The ICDR is the international division of the American Arbitration Association (the AAA). Mr. Fitch is also on the panel of arbitrators of the AAA for large, complex commercial matters.

In some instances, parties prefer to manage their own arbitration cases in so-called ad hoc proceedings. Mr. Fitch serves as an arbitrator for such cases, which the firm administers at no additional expense beyond the arbitrator's fee.

The lawyers at Fitch are also highly seasoned advocates in international and domestic arbitrations. The cases with which the firm has been involved include high stakes commercial, business, employment, construction and securities disputes. Please refer to the firm's website pages on international arbitration and business litigation for examples of the substantial arbitration cases in which the firm has been engaged. For additional information, please also visit our international arbitration blog and our business litigation blog.

Mediation

The ADR process of mediation has grown especially popular in the last decade, and Boston is regarded as an international center of excellence in mediation. The lawyers at Fitch Law Partners LLP are highly experienced mediation advocates and we routinely encourage all of our clients who are — or who are about to become — involved in litigation cases to consider the alternative of mediation. We have found that our cases settle more than 80% of the time when mediation is attempted. This extraordinary success rate results from meticulous planning and execution.

Here are just a few examples of cases where our mediation advocacy has achieved remarkable results:

  • Representing the defendant corporation in mass tort litigation, we successfully settled thousands of toxic tort based claims against the company in a single mediation.
  • Representing parties in complex divorce cases — involving, for instance, the division of large and complicated business interests or extraordinarily difficult custodial disputes — our lawyers have reached successful mediated outcomes in well over one hundred cases.
  • Representing the partial owner of a hedge fund, we settled his fraud claims against the majority owner — after a jury trial had commenced — for millions of dollars through an ongoing mediation process.
  • In a mediation, we obtained an excellent settlement for the members of a family in a dispute involving claims of breach of fiduciary duty in connection with real estate holdings, various limited liability companies, limited partnerships and foreign corporations valued at approximately $20 million.
  • Through mediation, we have settled hundreds of property damage and personal injury cases for our defendant clients in the electric utilities industry.

Partners Steven E. Gurdin and Jeffrey A. Soilson frequently sit as neutrals in the mediation of complex divorce and family law matters.

If you would like more information about alternative dispute resolution, contact one of our partners in these areas:

Business law | International arbitration | Real estate law | Banking and finance law | Divorce and family law | Maritime and admiralty law | Construction law | Employment law

Dedicated to excellence in alternative dispute resolution