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Alternative Dispute Resolution

Kramer Levin is at the forefront of the growing field of alternative dispute resolution (ADR), representing clients in proceedings that include domestic and international arbitrations, mediations, nonbinding neutral evaluations, “mini-trials,” and negotiated settlements. Many partners in the firm’s Litigation department and several partners in our Paris office have participated as advocates in numerous arbitrations, mediations and other ADR proceedings. Our team both litigates and resolves matters through ADR. Drawing on the experience of those among us who have served as arbitrators, mediators and neutral evaluators, we have developed insights into the decision-making process and a clear understanding of the rules and procedures involved — benefits that accrue directly to our clients.

Fully conversant with the vast array of techniques that can be utilized in crafting an arbitration clause and aware of the pitfalls that each presents, we work proactively with clients to negotiate and draft the scope of arbitration and other ADR clauses that meet their needs. We are also experienced in litigating the scope, validity and enforceability of such clauses and have handled ADR proceedings involving a wide range of claims, including breach of contract, securities fraud, false advertising allegations, tort claims, intellectual property infringement, employment matters and many other issues.

Regarded as pre-eminent in the field of ADR, our team is led by Michael Oberman, a fellow of the College of Commercial Arbitrators. Members of our team serve on the Commercial Arbitration Panel of the American Arbitration Association, the AAA’s Large, Complex Commercial Case Panel and Commercial Mediation Panel, and the mediation panel of the U.S. District Court for the Southern District of New York. Kramer Levin was a founding firm of the New York International Arbitration Center.