Business Solution Evaluation

The neutrals at IDR have years of experience in helping their clients structure business solutions to disputes. In business versus business litigation we encourage the parties to consider a Business Solution Evaluation (’BSE’).

Where appropriate we ask the parties to provide more than the typical mediation statements which only focus on the merits of the parties claims and defenses and the amount of alleged damages. We ask them to provide on a confidential basis:

• A brief history of the business relationship between the parties;
• A description of the dispute that led to the litigation;
• A statement as to the circumstances under which they would continue to do business with the other party; and
• The parties’ early thoughts on possible business resolutions to the dispute.

The neutrals at IDR will then work with the parties to fashion a business workout of their dispute.

EARLY NEUTRAL EVALUATION

Early Neutral Evaluation (’ENE’) is designed to allow the parties to streamline the litigation process in order to facilitate a more meaningful mediation early on in the case.

ENE gives both parties a neutral's evaluation of their cases early on based upon known facts and applicable law. ENE is designed to help the parties identify key factual issues as to which limited discovery may be necessary. IDR will help the parties design a limited discovery plan with targeted requests for production and limited depositions.

Following the ENE and designed, limited and targeted discovery, the parties will be in a much better position to evaluate and negotiate a mediated solution with the help of the neutrals at IDR. 

Non-Adverary Dispute Resolutions

For many disputes the litigation process simply doesn't make economical or practical sense and arbitration or traditional mediation is not a good alternative. These cases are disputes that generally fall into three categories:

• Disputes where the parties cannot afford legal fees and expenses or where the amount in controversy simply doesn't justify the fees and expenses which would be expended;
• Disputes which need to be resolved immediately; and
• Disputes which the parties want to remain strictly confidential.

For such cases, IDR offers a true alternative to the litigation process which we call Non-Adversary Dispute Resolution (’NADR’). Under NADR, each of the parties prepares a brief statement of the issue or issues, discloses the witnesses and documents which the party believes are necessary to understand and resolve those issues, and turns the matter over to IDR.

Using our expertise in virtually ever area of the law and knowing how to identify and focus upon the core elements of disputes, we review the issues, conduct legal research, if necessary, interview the witnesses and review the documents identified by the parties, engage neutral experts when necessary, and render a decision.

The result of NADR is the quick resolution of a bona fide personal or business dispute for a fraction of the cost of litigation or arbitration. 

Mediation & Arbitration

Sometimes a mediated solution to a dispute can not be reached because of a good faith disagreement on just one or two basic issues which are not necessarily outcome–determinative, but which have will have a fundamental effect on how the parties view their cases.

In the appropriate cases, the neutrals at IDR can help the parties identify uncertain issues and conduct a limited, but binding, arbitration on those issues before continuing with the mediation process.