Arbitration and mediation services for complex commercial cases offer many advantages over taking these to trial. Speed, lower costs and experienced judges make arbitration an attractive alternative. For cases like securities fraud, product liability, professional malpractice, oil and gas litigation, corporate compliance programs and much more, alternative dispute resolution is preferable since it quickly arrives at binding, enforceable settlements agreed to by both parties.
Why use arbitration services?
Arbitration services combine the benefits of the federal court system with alternative dispute resolution (ADR). Like the courts, they have experienced judges, familiar rules and the option to appeal. They also add all the benefits of arbitration, such as judge selection, speed, confidentiality, cost efficiency, customization, and enforceability. Overall costs are lower than going through a trial in a federal court.
The arbitrators are former federal judges whose knowledge covers various areas of law, and who have a high rate of success in achieving settlements. The rules are based on Federal Rules of Civil Procedure (FRCP), the Federal Rules of Evidence (FRE) and the Federal Rules of Appellate Procedure (FRAP). As in arbitration, however, the rules can be modified to suit each situation, on agreement by all parties. Unlike a long-drawn-out court process, the arbitration can be limited though contractual agreement on the number of motions, hearing days, and arbitrators.
When does it make sense to use ADR?
For disputes regarding corporate compliance programs, and oil and gas litigation, ADR is a good alternative to the federal courts. With growing public concern about the environment and the consequences of environmental pollution, many thought leaders are proposing a model of restorative justice, that would involve restoration or restitution rather than punishment.
In cases of environmental pollution, this would mean that arbitration could result in agreement to implement clean-up and anti-pollution measures that would have a real impact on the environment.
- Toxic air pollution from industrial plants leads to thousands of cases respiratory and heart disease, among other types of illness. By reducing this toxic air pollution, it is estimated that 5,000 lives could be saved each p year, and the incidence of pollution-related illnesses could be reduced.
- By the middle of the century, scientists predict that the consequences of global warming will be seen in more than one third of the counties in the lower 48 states, where there will be higher risks of water shortages.
- Issues like indoor and outdoor air quality, carbon emissions, tropospheric ozone, particulate matter, sulfur oxides, volatile organic compounds, radon, refrigerants, and methane emission affect everyone and more than 40% of Americans say that they are worried about these.
ADR offers a chance to bring businesses on the same page as the general public on environmental issues. Arbitration and ADR mechanisms, which take into account the interests of both sides and arrive at mutually agreed upon settlements, are a better forum for such issues as oil and gas litigation and other environmental issues. Since the settlements are arrived at through mutual agreement, they are easier to enforce. For disputes involving oil and gas litigation and other environmental issues, as well as corporate compliance programs, ADR offers binding, enforceable settlements.