Our Practice Areas

While Berger Harris prides itself on our reputation as a capable Delaware litigation firm, parties often would like the opportunity to resolve their disputes without a trial.

In these instances, alternative dispute resolution (ADR) offers a way to save significant time and expense over traditional litigation. ADR proceedings include such options as mediation, arbitration (both binding and non-binding) and third-party neutral evaluation. Berger Harris attorneys have extensive experience as both advocates and mediators, arbitrators and third-party neutrals in all manner of ADR proceedings.

Depending on the circumstances of the case, the form and style of the ADR process is under the parties’ control. Any of these forms of ADR can be a more cost-effective and expeditious means of resolving a dispute than trial, and our attorneys can offer qualified counsel to assist in weighing different options and navigating through the associated procedures.

Arbitration

Arbitration is a process by which disputes are resolved in a modified, usually greatly simplified, proceeding, presided over by a neutral third-party arbitrator.  The arbitrator is the ultimate finder of fact and law.  His or her ruling is generally binding upon the parties and may only be appealed in certain limited circumstances.  Several Berger Harris attorneys are Bar-certified arbitrators in corporate, commercial and employment law disputes.  Berger Harris attorneys also have many years of experience participating in binding arbitration proceedings, including under American Arbitration Association (AAA) and JAMS procedural rules.

Mediation

Mediation is a confidential process by which a third party neutral assists the parties to resolve their dispute.  Unlike arbitration, the mediator does not render a decision.  The desired end result of a mediation is that the parties enter into a voluntary agreement to end their disputes with terms and conditions of their choice.  Otherwise, the parties determine that they are unable to come to an agreement and proceed with litigation.