Pre-Litigation Dispute Resolution
 
  





Although mediation and other dispute resolution tools are typically used to resolve litigated matters, there exists a tremendous opportunity to make use of those same tools to resolve disputes before a lawsuit is filed. Companies and other entities faced with the threat of a lawsuit or with difficult internal disputes can employ the services of one of the firm’s trained mediators to resolve the matter quickly and privately. Pre-litigation dispute resolution services are ideal for addressing:
  • threatened lawsuits relating to employment issues, customer complaints or business contracts
  • disputes where a lawsuit has not been threatened, but the potential for a lawsuit exists
  • internal business disputes, including conflicts between related corporate entities

Pre-litigation dispute resolution is always available on a case-by-case basis, but some companies and non-profit organizations choose to require the use of those processes by incorporating them in their agreements and employee manuals. While pre-dispute arbitration agreements are fairly common, most agreements and employee manuals do not mandate the use of non-binding dispute resolution processes like negotiation and mediation. The firm has sample contractual clauses and employee manual language available upon request.

The firm’s attorneys are available to serve as mediators and arbitrators or to provide consulting services on an hourly fee basis. The firm is also willing to establish retainer relationships under which the firm’s attorneys provide dispute resolution services at reduced rates.

Mediations will be conducted under the Alabama Civil Court Mediation Rules, unless the parties agree otherwise. Arbitrations will be conducted under the rules selected by the parties in their post-dispute agreements to arbitrate or in the agreement containing the pre-dispute arbitration language. The mediation and arbitration rules utilized will provide for confidentiality of all proceedings.

(Note that the enforceability of pre-dispute arbitration clauses in Alabama is the subject of many judicial opinions, with the ultimate answer often turning upon informed consent and the degree to which performance of the parties’ agreement involves interstate commerce.)

William A. Ratliff 
Tel: (205) 870-0555 
Fax: (205) 871-7534 
E-mail: wr@wallacejordan.com


R. Dale Wallace, Jr.
J. Birch Bowdre  
Phillip D. Corley, Jr.