Services
Mediation
Mediation is a confidential, informal process to assist the parties and their counsel to identify issues and options, get passed impasse, and reach a resolution of their dispute. Depending on the context either facilitative or evaluative mediation methods may be employed, but always with a focus on reality-based discussions and practical solutions . See Resources for Furlong ADR’s standard mediation agreement.
Arbitration
In arbitration the parties present their cases to the arbitrator, who acts like a judge to decide their dispute. The arbitrator’s decision is binding unless a non-binding decision is requested by agreement. Depending on the preferences of the parties and their counsel the rules of evidence may be relaxed (or not), and discovery may be expedited in a more efficient manner. If done properly, arbitration should be faster, more flexible and less expensive than traditional litigation. See Resources for Furlong ADR’s standard arbitration agreement.
Early Neutral Evaluation
One way to gain insights into likely trial outcomes prior to spending significant sums in full-blown discovery and motions practice is to engage in early neutral evaluation. The litigants submit their respective cases to the neutral in the form of evidentiary proffers and legal arguments and then jointly meet with the neutral to discuss the merits of the claims and defenses. The neutral, drawing on his experience in cases like the one presented, then provides a predicted outcome. The neutral’s “decision” is confidential and not binding. However, the litigants will emerge with the benefit of a qualified neutral’s assessment of the case, which can lead to more productive settlement discussions or, at a minimum, adjustments to trial preparation and presentation strategies.
Areas of experience and focus include:
Will caveat
Partition
Insurance coverage
Professional malpractice (medical; legal; accountant; other professionals)
Products liability
Employment
Wage and hour disputes (incl. FLSA)
RICO
Trusts and estates
D&O liability
Organ and tissue donation
All torts
Business and contract disputes
Serious personal injury and wrongful death
Consumer protection
Class actions
Construction
Real estate
Toxic tort
Landlord-tenant
Business dissolutions
Receiverships
Non-competition agreements
Property disputes (real and personal)
Fiduciary duty
Standard Rate
$575/hour, generally split evenly by the parties.
Court-mandated rates apply to all court referrals.