Complex Litigation

Business Litigation

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From the moment a dispute arises, we focus on how to win. But even before a dispute, Hansen Reynolds lawyers consult with clients to help them avoid litigation if possible and prepare for it to maximize successful outcomes. And we never lose sight of our clients' real-world business objectives, which often demand creative, thoughtful approaches to disputes, both in and out of the courtroom.

Mediations & Arbitrations

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If interested in booking a mediation or arbitration, click here.

Mediation

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Tort and Liability Cases

According to Government Statistics, 5% of the personal injury cases in the United States go to trial.  As a result, 95 % of personal injury cases are settled. The best chance of favorably resolving these types of cases is through mediation, where the parties can evaluate the risks and practicality of going to trial with a mediator who has presided over hundreds of cases as a Circuit Court Judge.

Commercial Cases

Pre suit negotiations in business and commercial disputes usually fail for the following reasons:

1. the parties lack of authority to settle,
2. there are poor communications among the parties,
3. the parties lack necessary information to make an informed decision,
4. emotions of the parties,
5. conversation among the parties getting derailed, and
6. an imbalance of power in the negotiations.

If initial negotiations fail, the next step is litigation. Commercial litigation is extremely expensive and can be drawn out for years. As an experienced mediator who has tried hundreds of cases as a Circuit Court Judge, Jeffrey Conen can effectively:

1. Separate the people (egos and personal animosity) from the problem,
2. Focus on the needs and interests of the parties,
3. Generate options for mutual gain, and
4. Use mutually agreed objective criteria in arriving at a mutually agreed settlement.

Arbitration

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As a result of the pandemic, courthouses around the country have either been closed to the public entirely or open on a limited basis. Consequently, very few matters have been tried to a jury in the last year. Across the country there are large backlogs of cases needing to be decided by a Judge or independent neutral. There is a significant need for many of these matters to be resolved by a neutral in arbitration if they cannot be settled at mediation.

To effectively and timely resolve matters awaiting trial, the arbitration process should be binding. When arbitration is binding, the decision is final, can be enforced by a court.

We offer the following out of court options to get your cases resolved a soon as possible.

1. Standard Arbitration (Single arbitrator or three-person panel)
2. Mediation-Arbitration-
   1. The same neutral acts as both mediator and arbitrator
   2. A date is set for binding arbitration if the mediation fails,
   3. The mediation process leads directly into the arbitration process without time delay,
   4. Parties are certain to have a result that is binding,
3. Arbitration-Mediation
   1. Parties first arbitrate, then the arbitrator makes a decision but only reveals the arbitration results if there is no agreement in the following mediation.
4. High-Low Arbitration
   1. According to United States Arbitration & Mediation, an alternative dispute resolution company: “in a high/low arbitration, the parties specify that the award will be no higher than a certain amount and no lower than another amount. The arbitrators are not usually made aware of the parameters of the high/low, and make their awards based on the evidence. Any award which is not within the parameters of the high/low is then reduced or increased to conform with the parameters. High/low parameters are set forth in an independent contract that the parties make prior to the arbitration.”
5. Final Offer Arbitrations
   1. Each side sets forth a settlement figure and the arbitrator selects one. The arbitrator does not have the authority to modify the figures submitted.
   2. Variation- Parties do not tell arbitrator their figures. The figure closest to the arbitrator’s decision becomes the binding award.

If interested in booking a mediation or arbitration, click here.