Arbitration and mediation, also known as alternative dispute resolution (“ADR”), often times provides a faster and more favorable outcome for our clients than traditional in-court litigation. We have substantial experience with arbitration, having conducted numerous arbitrations with JAMS, AAA, and FINRA. Our firm has also participated in hundreds of mediations. During the mediation process, we work hard to reach a favorable solution for our clients, often crafting creative solutions that address our clients’ concerns.
Our firm represented a lender in an arbitration action to recover funds against a real estate development company, which defaulted on a promissory note. Our client sought the full amount of the loan, interest and attorneys fees. The arbitrator awarded our client the full amount requested on a motion for summary disposition. The arbitrator’s award was confirmed in state court, and our client is currently taking steps to recover the full amount owed.
Our client, a medical device company, threatened to sue an Atlanta-based law firm for legal malpractice. Prior to filing suit, the parties mediated, and we achieved a favorable, confidential settlement for our client.
The Firm represented a longtime technology client in an arbitration against a former customer for wrongful termination of a multi-year service agreement. After an arbitration hearing, the arbitrator issued an award in our client’s favor. The arbitrator concluded that the customer’s termination was wrongful, and awarded our client over $1 million.
We represented the developer of a luxury Atlanta hotel and residential condominium building. The plaintiffs had purchased a condominium unit directly above the hotel elevators and alleged that the elevators in fact were disruptive and rendered the unit uninhabitable. Plaintiffs filed an arbitration alleging breach of contract, negligent misrepresentation, fraud, nuisance, and seeking punitive damages. We moved for summary judgment based on the condominium documents which disclosed the possibility of noise, and the lack of evidence regarding any alleged promise our client made as to possible elevator noise. The arbitrator granted our summary judgment motion on the breach of contract, negligent misrepresentation, fraud, and the majority of the nuisance claim. The remainder of the case (and related litigation) settled shortly thereafter.
We represented the former President of a local bank in South Carolina who was terminated after that bank was acquired by one of the largest financial institutions in the United States. Our client filed an action for tortious interference with contractual relations, breach of contract, and fraud. Prior to the close of discovery, our client participated in mediation, which resulted in a confidential settlement.
We represented our client – a real estate development company – which was sued for equitable subrogation of its recorded deed on property. Pursuant to court order, our client participated in a mediation, and after 12 hours of negotiations, reached a settlement of all the claims between the participants at the mediation.