Arbitration is a process in which the parties agree to submit a legal or other dispute for binding decision by a single arbitrator or a multi-member arbitration panel. The parties are free to select a range of arbitration rules and procedures, and arbitrators typically utilize more flexible and less formal procedures than are customary in court proceedings. An important objective usually is to resolve the dispute more quickly and less expensively than in the judicial system. Mr. Russell is available to serve in single-arbitrator cases, or as either a neutral or a party-appointed arbitrator on multi-member panels, and to assist in devising agreed pre-hearing and other arbitration procedures that suit the parties' objectives.
Mediation is a process by which the parties to a dispute use a third person, the mediator, to assist in negotiating an amicable resolution or settlement. Unlike arbitrators, a mediator does not have the power to impose a binding resolution on the parties; his or her function is to facilitate the parties' negotiation efforts, by the use of various techniques to achieve consensual resolution. Mediation is a very flexible process that may be effective at any point in the course of a dispute. In addition to his experience as a mediator, Mr. Russell brings to his ADR practice a keen appreciation of the varying interests, concerns and potential alternative outcomes that can affect a party's willingness to fashion and accept a negotiated resolution of a dispute.
Early Neutral Evaluation
Early Neutral Evaluation (sometimes called simply "ENE") is a process that parties often undertake relatively early in a litigation, before incurring substantial discovery expense and other pretrial costs. The parties engage a neutral third party to assess the relative strengths and weaknesses of their respective cases, on the basis of summary presentations of relevant facts and legal arguments. The neutral's conclusions and recommendations are confidential and not binding; the goal is to assist each side in viewing the case from the other's perspective and to gain an unbiased view of how the matter might be decided in court, in order to make further litigation more efficient and cost effective, and often with the added objective of fostering prompt settlement.
Mr. Russell also offers a variety of other services, such as legal risk management, service as a discovery referee or special master, and assistance in the administration or distribution of multi-claimant or class settlements.