Litigation Alternatives, Inc. is a full-service Alternative Dispute Resolution in Connecticut(CT)
Using ADR in Commercial Disputes
In considering new, cost saving and innovative ways of employing Alternative Dispute Resolution in commercial cases, we at Litigation Alternatives have been investigating a number of areas that would benefit from a new approach.
"SMALLER" CASES
Labeling a case as "small" is obviously a subjective exercise and can't only be defined by value - though value is a large consideration. Therefore, we are defining "small" as the overall, direct and clear litigation cost benefits to all parties involved.
Because the costs of commercial litigation are high, particularly relating to discovery, more frequent use of ADR in these cases should result in greater value added for all involved. Therefore, cost/benefit analysis in the selection of cases to submit to mediation or arbitration is an important consideration when submitting. The lower the value of the case, the more important this analysis becomes.
We are also working to include an "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 parties can potentially be either eliminated from the litigation altogether or withdraw from participation in the mediation or arbitration and give the arbitrator or mediator a predetermined amount of monetary authority {or policy limits} to be added to the settlement or award of the case.
MARKETING BENEFITS
Quicker recoveries with less cost for litigants is good business practice for all commercial lawyers and law firms:
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.
Faster recoveries for clients, along with lower attorneys' fees and costs, translate into enhanced referrals and return business.
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.
Please direct your inquiries via email to Robert G. Yolles or Katie Marino or by calling 860-521-8500.