Alternative Dispute Resolution
Strategic guidance on negotiation, expert determination and out-of-court dispute resolution.
Introduction
Court is not always the best path to resolving a dispute. We advise clients on the full range of alternative dispute resolution options available before, during and outside of litigation.
Detailed Explanation
Beyond arbitration and mediation specifically, we advise clients on structuring dispute resolution strategy from the outset — including negotiated settlement, expert determination and multi-tiered resolution clauses in commercial agreements. We help clients choose the mechanism best suited to the dispute, the relationship at stake and the outcome they need.
Why Clients Need This Service
- Not every dispute mechanism suits every situation — the right choice affects cost, speed and outcome
- Well-drafted dispute resolution clauses prevent procedural disputes later
- Some disagreements are best resolved through direct negotiation before any formal process begins
- Choosing the wrong forum can add significant delay and expense
How Sawere & Company Advocates Can Help
- Advise on the most suitable dispute resolution mechanism for your situation
- Draft multi-tiered dispute resolution clauses for commercial agreements
- Represent clients in direct negotiation and settlement discussions
- Coordinate expert determination where technical questions are in dispute
Frequently Asked Questions
Arbitration and mediation are specific ADR processes. This service covers the broader strategic question of which resolution mechanism — including negotiation or expert determination — best fits your dispute, and drafting agreements that build in the right options from the start.
Yes, we assess the dispute, your objectives and the relationship with the other party to recommend the most effective path forward.
In most commercial agreements, yes. A well-drafted clause saves significant time and cost if a dispute later arises.
Alternative Dispute Resolution
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