Delivering Smart, Creative and Cost-Effective ADR Solutions
At the law offices of Press, Potter & Dozier, LLC, in Bethesda, Maryland, our lawyers provide alternative dispute resolution (ADR) services as neutral mediators and arbitrators. We also provide ADR advocacy services to help clients resolve problems efficiently and effectively. We work as neutrals to solve complex environmental and civil litigation matters for businesses, non-profit organizations and governments throughout Maryland (including the Baltimore metro area and Western Maryland), Virginia, Washington, D.C., and across the nation.
We are a firm whose over-riding philosophy is to solve problems. Because of our work as mediators and arbitrators we understand the many different approaches that can resolve disputes and settle cases; our attorneys have the experience and perspective to know that legal problems are not always best solved through litigation.
Alternative Dispute Resolution
Our lawyers are experienced practitioners of ADR methods, including:
- Arbitration: In arbitration, disputants voluntarily agree to submit their dispute to a neutral third party, who takes testimony and considers the evidence and law, and after hearing the facts and reviewing the law, issues a binding decision. Arbitrators, who are generally selected by the parties, can have special knowledge or training in the matters in dispute and frequently can make decisions faster and more cost-effectively than through litigation. Arbitral awards are enforceable in court and are not subject to appeal, absent fraud or other very limited and unusual exceptions. Because the parties select the arbitrator and have substantial flexibility in designing the arbitration procedures, they can reduce the formality and cost of the process as compared to traditional litigation. Our lawyers have served as arbitrators in both administered and self-administered arbitration and are members of a large number of rosters. A list of some of those rosters can be found here.
- Mediation: In mediation, the parties work with a neutral third party who helps the parties reach an agreement. The mediator may meet jointly with the parties and also privately in individual caucus sessions. A mediator has no power to impose a binding decision on the disputants. When a settlement between or among the parties is reached, it is reduced to writing and is binding as a contract or may be entered into as a judicial order, if circumstances allow. The mediation process may run the spectrum from facilitative to evaluative, depending on the needs of the parties, their abilities to negotiate independently of the mediator and the likelihood of impasse. Learn more about our mediation style on our analytical mediation page.
- Facilitation and consensus-building: We work with clients, including corporations, government agencies and other organizations to facilitate decisions regarding policy, to provide education, to gather public input and to negotiate policy issues (see the Negotiated Rulemaking Act (5 U.S.C. 561 et seq.) In multi-party cases, a neutral facilitator assists parties to achieve their goals by designing meeting processes; establishing meeting ground rules; setting meeting agendas; and organizing and running effective meetings. Using an outside facilitator allows the individuals involved to focus on participating in the meeting and so more freely express their concerns; facilitated meetings increase productivity by keeping participants on task; and ensure clear communications and that all voices at the table are heard. When there are public elements to the process, the facilitator tracks and organizes their input. The goals of facilitated meetings may range from exploring and discussing issues, to educating participants, to gathering public input, to making recommendations or decisions or combinations thereof. When the goal is to develop recommendations or make decisions, the facilitator works to build consensus between and among participants to develop agreements that all or most of the group support, thereby increasing the likelihood of their implementation. We often use analytical mediation styles when facilitating multi-party complex disputes.
- Stakeholder involvement: If you are a company, real estate developer, utility or governmental entity about to take action that will affect neighbors or other stakeholders, you know that their participation and input is essential to a successful outcome. We work with clients to develop effective communication strategies, consult with and respond to affected parties and document all action taken to address stakeholder concerns. This enables a rational exchange of information among key stakeholders. The project owner has the opportunity to describe the problem or problems it is facing and its current set of possible solutions. Other stakeholders, in turn, are able to communicate their values and concerns in relation to the problem and possible solutions. This process engenders trust and respect among all participants. Members of the public realize that project owners are not out to develop projects with no consideration of others, but rather as people who face significant challenges in developing safe, useful projects. Project owners no longer view members of the public as irrational, but rather as individuals who care about their community and who are equally invested — with the project owner — in maintaining or improving their quality of life. From this (often newfound) respect for one another, trust is built among project owner and its stakeholders. And where trust is built, tremendous opportunities arise for collaboration and positive outcomes.
Attorney Dan Dozier is listed on numerous ADR rosters maintained by professional associations, courts and governmental entities.
In determining which method of dispute resolution to pursue, serving your best interests is our driving concern. Some of the factors we consider are the strength of your case and the cost and effectiveness of different approaches to satisfactorily resolve your dispute. After evaluating your situation thoroughly, we will craft a strategy designed to achieve your objectives in the most effective and efficient way.
Consulting Services
Our firm also offers consulting services to corporations, government agencies and non-profit entities. Our lawyers help our clients design internal dispute resolution processes to be used within their organizations. These tools are designed to help resolve disputes involving employment and environmental law, government contracts and other regulatory or public policy concerns.
For More Information
We invite you to contact us online or call us at 301-576-0936 (toll-free at 877-209-8759) to schedule an initial consultation. Our lawyers respond to calls and e-mails within 24 hours.
