Arbitration, Mediation & Alternative Dispute Resolution

/Overview

ADR solutions, particularly arbitration and mediation proceedings, can protect you and reduce costs. Rely on our experience and efficiency in not only handling your proceeding, but also to plan for such solutions before a dispute materializes. This includes the drafting of arbitration, mediation, and ADR clauses.

Nearly half of our attorneys firmwide have represented a party in ADR or drafted an ADR clause (or both).

Collective intelligence gained from thousands of proceedings, representing parties and as neutrals, informs our strategy to resolve your dispute. We handle ADR prosecution and defense nearly every day for clients, including before JAMS, AAA, ICDR, CPR, and FINRA.

As recognized leaders, we track developments, keep clients informed on ADR trends, and file amicus briefs at SCOTUS on key ADR issues.

Depend on our team for positive, predictable outcomes, from smaller recurring cases, to large bilateral commercial arbitrations, to massive multiparty proceedings.

/Representative experience

• Implemented motion strategy in AAA arbitration to reduce $500 million trade secret and breach of contract claim to $116 million claim, then prevailed on directed verdict motion after hearing to eliminate any award of monetary damages
• Defeated a $100 million plus claim arising out of the construction of one of the largest renewable energy projects in the Midwest, and awarded millions in attorneys’ fees following a six-week hearing
• Eliminated both a mass action and a mass arbitration that threatened to disrupt a leading technology company’s unique sales and distribution channels
• Represented a global information and document management company faced with arbitration claims by nearly 100 members of its distribution chain, seeking in excess of $100 million in damages. Using creative case management techniques and rapidly evolving law from the United States Supreme Court limiting the ability to aggregate arbitrations, we assisted the client in reaching a resolution that avoided the distraction and expense of continued litigation.
• Won a seven-figure award for the world’s leading luxury jewelry brand in a complex purchase price dispute arbitration
• Represented respondent and obtained award of no damages after multi-day virtual merits hearing administered by the American Arbitration Association
• Lead counsel for large international manufacturing company in expedited arbitration defending against claim seeking injunctive relief (which was withdrawn following responsive briefing) and damages. The arbitration panel rejected the claimant’s entire claim for millions in lost business value and its request for over $1.2 million in attorneys’ fees.
• Representing a Fortune 10 healthcare company in numerous arbitration proceedings involving its retail pharmacy network
• Represented an energy services manufacturer in a high-profile dispute concerning more than 600 punch list items in a $32M energy performance contract involving 40 municipal and school buildings in Massachusetts municipality. We prevailed in arbitration on all aspects of the claims asserted by the client and successfully defended all issues raised by the municipality.
• In a dispute running for 13 years, and the subject of an arbitration, two trials, and two appeals, we successfully represented Bourbon Marble, Inc. in recovering more than $4.3 million in damages, litigation fees, and costs in a breach of contract action against Pepper Construction Company.

/Recognition

• Nixon Peabody has been named a Tier 1 firm in Rochester for Arbitration by U.S. News – Best Lawyers® “Best Law Firms” in 2023