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HeplerBroom

Alternative Dispute Resolution

Our arbitrators, mediators, and neutrals have a well-earned reputation for creatively mediating practical solutions and for fairly and promptly rendering arbitral awards.  Recognized for their alternative dispute resolution (ADR) skills, senior partners routinely serve as neutrals at the request of peers nationwide, through organizations known for high standards and thorough vetting of ADR neutrals, and via court appointments.

We are experienced in educating companies, whether small business or Fortune 500, about the benefits of ADR, designing systems to avoid litigation and to funnel disputes to ADR, drafting contractual ADR clauses, and resolving disputes through ADR processes whether domestic or international.  We have a high success rate in resolving personal injury, product liability, business litigation, securities and broker-customer disputes, insurance coverage, class action and employment cases via ADR processes.

Besides providing ADR services, below is a list of additional ADR-related skills we offer:


Evaluation Counsel

  • evaluating factual and legal positions of clients and their adversaries, both initial and second opinions
  • decision tree analyses


Parallel Track Settlement Counsel

  • conducting ADR in tandem with litigation
  • serving as negotiators and facilitators


Institutionalizing ADR within Companies

  • assisting with gaining board and management buy-in
  • educating and training
  • devising and implementing ADR plans, policies, and procedures


Designing Systems to Avoid/Manage Disputes

  • employing early screening systems
  • establishing outside counsel retention policies
  • creating a system for resolving employment disputes through ADR


Drafting ADR Provisions in Contracts

  • negotiating, drafting, and enforcing ADR clauses in contracts with vendors, employees, and business partners
  • addressing issues such as scope; neutral, law, and forum selection; governing rules


International ADR

  • negotiating, drafting, and enforcing ADR clauses in cross-border transactions
  • choice of law and forum selection
  • language and culture
  • international treaties

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