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ALTERNATIVE DISPUTE RESOLUTION

Our clients rely on us to help them resolve disputes in the most appropriate and effective way possible. Although we are aggressive and successful advocates for our clients in the courtroom, we recognize that litigation can be time-consuming and costly. In addition, many of our clients have entered into agreements that require mediation and arbitration before a matter may be addressed in court. Our lawyers have significant experience in alternative means of dispute resolution and are successful negotiators and counselors in mediations and arbitrations. We have extensive experience in arbitration trials.

Focused on Clients

When our clients desire to enforce an arbitration provision, we are ready to file a motion to compel arbitration that is tailored to the type of case and to the court that will decide the motion.  Many of our clients employ arbitration provisions as a part of their business agreements, and we work efficiently and effectively to uphold those agreements, including on appeal. We also provide consulting that helps our clients to modify arbitration agreements to address the most recent developments in case law in the jurisdiction where they are likely to be tested. When a client needs our experience and knowledge to challenge an arbitration provision, we are ready and able.

Focused on Services

Customer Disputes - We handle arbitration of customer disputes alleging inappropriate investment and trading strategies by securities broker-dealers and are well versed in dispute resolution before panels of the Financial Industry Regulatory Authority (FINRA) and its predecessor body, the National Association of Securities Dealers (NASD). Our litigators have also regularly represented broker-dealers before those panels, in customer disputes as well as controversies involving noncompetition and non-solicitation contract provisions.

Commercial Matters - We have also frequently appeared in commercial matters administered under the rules of the American Arbitration Association. We understand how to effectively use the AAA rules for complex litigation to advocate for our clients. 

Mediation - Mediation is often ordered in cases before they can be tried in court, and we know how to use court-ordered mediations as a part of the case strategy we develop with our clients.  Mediation may take many different forms, and mediators often follow their own unique paths to understand a dispute and supervise a settlement between the parties. Our firm has represented clients in a wide range of mediation proceedings and we have experience with most of the mediators in Arkansas as well as with the United States Magistrate Judges who conduct mediations as settlement conferences in the federal courts in this state. Our effective advocacy in mediation is based on this extensive experience and knowledge of both the process and the mediators. We are often able to help our clients reach a favorable outcome that might not be possible through a trial alone.

Focused on the Team

We are well versed in resolving securities and construction disputes before the self-regulatory bodies of those business sectors. Our litigators have often had to litigate the enforceability of arbitration clauses. This requires a full understanding of the Arkansas Uniform Arbitration Act and its interplay with the Federal Arbitration Act.

 

Kevin A. Crass
Litigation, Business & Class Action Litigation

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William A. Waddell Jr.
Commercial Litigation & Regulatory

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Practice Area Categories
  • LITIGATION
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litigation
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