Alternative Dispute Resolution

Kiernan Trebach has been at the forefront of a growing trend toward cost-effective resolution of disputes on an administrative basis and without recourse to trial.

Members of the Firm have not only provided services to the local and federal courts in this growing area of the law, but also serve as instructors for and evaluators of other mediators and judges in the unique skills required for successful resolution of disputes by alternate means.  Our ADR experience includes resolution of tort cases, commercial disputes, real estate, medical and  professional malpractice, and many other practice areas.  We have served as mediators, arbitrators and neutral case evaluators in disputes prior to the filing of a lawsuit, at the trial court level as well as for cases pending at the appellate level.  Members of our firm have been privately retained to provide ADR services and have also provided pro bono services to the local and federal courts.

Our services include:

• Serving as mediators for litigants.  Assisting them in finding a common ground and resolving litigation prior to trial.
• Serving as neutral case evaluators, to provide litigants respected and experienced “sounding boards” to assist their evaluation of the relative merits of their claims and defense.
• Serving as arbitrators in non-binding or binding proceedings who conduct mini-trials and provide appealable awards.  Arbitrations provide litigants with ultimate resolutions of their disputes without the expense and time of a trial in the courts.

Enforcement of Contractual Rights to Arbitration

Increasingly, commercial contracts require the parties to agree to resolve any disputes by some form of alternate dispute resolution. Our Firm has significant experience in petitioning the federal and local courts on behalf of manufacturers, commercial shippers and others to enforce our clients’ rights to the cost-savings and speed that these provisions offer.