We have extensive experience in arbitration and in mediation, as well as in other non-binding dispute-resolution contexts, including structured negotiations and workouts.

Our attorneys have handled arbitrations before such domestic and international tribunals as the AAA, NYSE, NASD (now FINRA), and ICC, as well as arbitrations managed by private vendors such as JAMS. These have ranged from two-party, two or three witness arbitrations completed in several sessions to multi-party arbitrations involving numerous fact and expert witnesses stretching over many months. We have also negotiated individualized arbitration protocols for particular disputes where these best met the needs of our client. Our arbitration experience covers areas including employment, securities, fiduciary duty, and complex contract disputes. We also have extensive experience addressing issues of arbitrability and jurisdictional matters in court proceedings ancillary to or in advance of a particular arbitration where strategically appropriate or necessary. While in some situations the arbitration forum has been chosen by the parties because of the relatively limited dollar amounts at issue, we have handled quite a number of arbitrations where many millions of dollars were at stake.

ABV regularly represents parties in mediations, both court-ordered and voluntary, before mediators ranging from retired federal judges, to business experts, to court-supervised attorneys, employing the range from purely facilitative to evaluative, or “strong-arm,” approaches. We have experience with mediations in a wide variety of formats, including multi-session, multi-party mediations, mediations with full briefing and extensive presentations, and "quick and dirty" facilitated negotiations.
We also assist clients in resolving business disputes through direct private negotiations, structured workouts and court-supervised settlement sessions.

Our lawyers understand the importance of timing and positioning in reaching the right compromise, and they recognize that an informed, different form of advocacy and attendant advocacy skills are necessary to working successfully toward settlement, both in mediations and in direct negotiations. One of our partners has published in the field of mediation advocacy; another partner regularly serves as a mediator.