Alternative Dispute Resolution

Attorneys E.J. Strassburger, Alan T. Shuckrow, Harry F. Kunselman, and Kathryn Clark offer services as A.D.R. neutrals. These learned attorneys can serve as a mediator, early neutral evaluator, or arbitrator in many types of disputes. The experience and skill needed to represent clients in a variety of matters translates well to serving as an A.D.R. neutral but, in addition, these attorneys have the presence and temperament needed to work with attorneys and their clients toward resolution of matters. 

Almost any type of dispute will lend itself to the A.D.R. process when the time is right. SMGG’s A.D.R. neutrals handle commercial disputes, employment matters, cases involving local government or school entities, personal injury, and even Orphan’s Court issues, among other kinds of cases.

Many courts require A.D.R. in certain circumstances. For example, A.D.R. is mandatory for all civil cases filed in the United States District Court for the Western District of Pennsylvania. Other courts are following suit. Even state court judges who are managing cases may require the parties to attempt mediation or arbitration as part of the case management.

The attorneys at SMGG are well prepared to guide clients through all parts of the A.D.R. process.

Non-judicial methods of A.D.R. include, but are not limited to, mediation, collaborative law, arbitration, and early neutral evaluation (E.N.E.)

• Mediation — With the help of their lawyers, parties to a dispute work through their issues before an objective third party mediator who facilitates a settlement. The mediator is often a neutral attorney or former judge who is not otherwise involved in the case, but a mediator need not be an attorney.
• Collaborative Law — The parties and their lawyers meet to work out issues, calling in psychologists, accountants, or other professionals as required to reach agreement on various aspects of their dispute.
• Arbitration — Sometimes parties have a provision in their contract that requires disputes to be resolved by arbitration. Even if such a provision does not exist, the parties can voluntarily submit their dispute to arbitration. Typically, a hearing is held, the parties present testimony and evidence, and the arbitrator decides the dispute. Usually the result is final, binding, and not appealable, however, in some instances, the arbitration result may be appealed, depending on the parties’ agreement. In other cases, arbitration is non-binding, but the result helps the parties assess their positions and work toward a settlement.
• Early Neutral Evaluation — Before embarking on protracted and expensive litigation, it is sometimes beneficial for parties to ask a neutral third party (typically an attorney or former judge) to evaluate their case on a confidential basis and provide their analysis to both parties for consideration. This is called early neutral evaluation (E.N.E.) E.N.E. can sometimes bring parties closer together in their negotiations after they hear the strengths and weaknesses of the case from a neutral third party.

Trial lawyers bringing value to all forms of dispute resolution

Strassburger McKenna Gutnick & Gefsky understands the time, economic, and emotional benefits of A.D.R. and always considers A.D.R. when evaluating a case. Our experience in litigation not only makes our attorneys valuable counselors when it comes to developing strategy and negotiating, but also means we stand ready to represent you if your best efforts to reach a compromise fail and the matter escalates. 

For more information, please contact Harry F. Kunselman.