Arbitration and Alternative Dispute Resolution

Arbitration and Alternative Dispute Resolution

Alternative Dispute Resolution (ADR)

Fried Frank offers a full range of mediation services and other forms of ADR. We coordinate with the Center for Public Resources and other sponsoring institutions in tailoring ADR procedures to particular cases.

  • One recent instance involved a disputed claim of more than US$350 million between two Fortune 100 companies arising out of the sale of a business. We negotiated the design of an ADR procedure using CPR resources. The two-day mediation before a neutral evaluator and senior executives from each of the two parties included a half-day mini-trial and one-and-a-half days of negotiation.

  • Another recent ADR matter involved a 10-day mini-trial before a nonbinding mediator. The mini-trial featured live witnesses as well as videotaped testimony. It was followed by extensive settlement negotiations fostered by the mediator.

We also serve the state and federal courts in various capacities in court-annexed ADR, in which a court order encourages mediation prior to beginning trial of a case. A number of our lawyers serve as arbitrators or as court-appointed settlement referees. We have participated in court-annexed mediations of, among others:

  • Claims for breach of an alleged agreement by our client to locate a major theme park on a landowner's property
  • Claims by classes of consumers and shareholders arising out of our clients' alleged manufacture and sale of defective products
  • Malpractice claims against a major architectural firm arising out of various construction projects

Our lawyers have successfully represented numerous defendants through ADR who have resolved several cases brought under the False Claims Act against them through the mediation process with the Department of Justice and private qui tam relators.

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