At BDRS, mediation and other ADR services focus on resolving litigation (and claims or disputes likely to end up in litigation if not resolved) involving a number of substantive areas.

Ready for trial?  Really?

Being ready to try a case does not mean that trial is the best way to proceed.  An imminent trial often suggests that neither side was able to dispose of the case by summary judgment or otherwise, perhaps due to difficult facts, uncertain law, stubborn positions, or even a lack of resources.

As a trial date approaches, so may the realization that the central issues and decisions affecting the case are soon to be placed in the hands of an unpredictable judge or jury.

Mediation, in particular, offers the opportunity to avoid the time, cost, and uncertainty of trial and, instead, arrive at a timely, cost-effective, and certain result.

Although BDRS can provide mediation and other ADR services concerning a wide range of substantive areas. Michael has a particular interest and focus on disputes involving the following substantive areas and issues:

Insurance

Including complex commercial and excess and surplus lines coverage disputes, property and business interruption loss reference and appraisal, arbitrations, Lloyd’s and other London- or European-market insurance issues, reinsurance, unfair claims settlement practices, and agent and broker errors and omissions

Serious Personal Injury or Death

Including  premises or product liability, motor vehicle accidents, medical malpractice, or intentional torts 

Construction

Including damage, defect, cost overrun, and delay claims concerning contractors, material suppliers, product liability, or architects and engineers

Media

Including defamation, invasion of privacy, false light portrayal, and violation of publicity rights claims involving newspapers, magazines, television, radio, websites, blogs, social media, and other traditional and new media platforms

Intellectual Property

Including copyright, trademark, and trade secret disputes

Entertainment

Including credit and compensation, options, royalties, contracts, rights of publicity, copyright and trademark, endorsements, and talent/agent and talent/personal manager disputes in the film, television, radio, theater, music, and new media industries

Publishing

Including options, advances, royalties, copyright, marketing, and other author/publisher agreement claims, and author/agent disputes

Fine Arts

Including reproduction and other copyright or moral rights claims, consignment, damage, commissions, and other artist/gallery disputes, and valuation and insurance disputes