
"Simply Commercial" - Using ADR for Smaller Commerical Cases
Litigation Alternatives, Inc. has commenced a new commercial case program that includes "smaller" commercial cases and cases made complex by the existence of multiple parties. Labeling a case to be "small" is obviously a subjective exercise and can hardly be defined by value, though overall value must be a large consideration. For the purposes of this discussion however, we are defining "small" as the overall direct and clear litigation cost benefits to all parties involved.
Paying attention to cost/benefit analysis when selecting cases to submit to mediation or arbitration can also result in a marketing benefit for the attorneys and firms as well. Because cost of commercial litigation is very high, particularly discovery, it is our belief that more frequent use of ADR in these cases will result in greater value added for all involved.
We are also working to include a "early intervention" service to help shepherd cases through discovery in a more streamlined and cost effective manner. For example, many discovery motions can be decided by submission and oral argument via conference call at the parties convenience rather than in court. Also, in the case of multi-party cases, certain qualifying parties may be either eliminated from the litigation altogether or assign their authority {or policy limits} to the mediator or arbitrator in confidence.
Quicker recoveries with less cost for litigants is good business practice for all commercial lawyers and law firms:
I. Expedited resolution of these cases is good business for firms handling small cases for big clients. Big clients want attention on their larger cases and institutionally appreciate the cost savings by the quicker resolution of their less significant matters.
II. Faster recoveries for clients along with lower attorneys' fees and costs translate into enhanced referrals and return business.
III. Spending less time on "smaller" cases allows firms to more efficiently use their attorneys and staff resources on the cases that are more likely be litigated.
Accordingly, Litigation Alternatives, Inc. is currently in the process of: 1) contacting some of the finest commercial attorneys in the area for our appeals panel; and 2) accepting resumes for the establishment of a high quality general roster of commercial mediators and arbitrators. Please direct your inquiries to Robert G. Yolles at 860-521-8500 or email at RYolles@litalt.com.