Alternative Dispute Resolution
Key Contacts
Overview
At Field Law, we recognize that disputes can often be most effectively addressed by a process other than litigation. We offer a full range of alternatives to the traditional litigation process to allow our clients the best opportunity to resolve disputes quickly and efficiently without unnecessary cost.
We have represented a wide variety of clients in all types of corporate and business disputes, including shareholder disputes, derivative actions, director liability, commercial real estate and leasing disputes, shareholder oppression, and related matters. In conjunction with our Business Law group, we offer a comprehensive range of services to clients ranging from small owner-operated ventures to multi-national corporations.
We recognize that every solution is different and what works for one client may not be the solution for another. While litigation is typically courtroom-based, we also find success with alternative methods including:
- Mediation - a flexible, confidential process in which a neutral party - the mediator - helps the parties work towards a resolution of their own choosing
- Arbitration - a confidential process in which a neutral party - the arbitrator - hears evidence under oath and makes a binding decision on the issues in dispute
- Judicial Dispute Resolution - a voluntary, confidential process in which a judge meets with the parties and their lawyers to assist them in resolving issues raised in a lawsuit, without the necessity of a formal trial
- Interest-based Negotiation - a style of negotiation that looks behind the legal issues on the surface and focuses on each party's underlying needs or "interests"
- Facilitation - a group decision-making process in which a facilitator encourages participation in discussion, helps balance discussion and keeps parties focused on the issue to be discussed or decided
- Neutral Evaluation - a process in which a neutral individual with particular expertise or experience reviews information provided by the parties and gives an opinion on the issue presented
When necessary we also employ pre-trial remedies such as Anton Pillers (civil search warrants) and Norwich Orders (mechanism that compels a third party to preserve and provide evidence in its possession for use in litigation) to resolve a wide range of legal disputes.
Field Law lawyers have acted as a Court-appointed Independent Supervising Solicitor (ISS) working with third parties executing Anton Piller Orders, and are familiar with the unique issues that can arise in their enforcement and beyond. When granting an Anton Piller Order authorizing a private party to seize and preserve evidence that is at risk of being destroyed, a Court needs help ensuring that the rights and interests of all parties affected by the Order will be protected.