Mediation has become a tried and true method for resolving the complex business disputes that occur in commercial transactions. While contracts will often mandate mediation or other types of dispute resolution, courts also frequently order one of these methods. Mediation is a cost-effective tool for solving business disputes and can greatly minimize the operational disturbances to the involved parties. In addition, mediation proceedings are confidential, offering privacy for all involved. Construction Disputes
Mediation is often mandated as a first-step in dispute resolution within the construction industry. At Kegler Brown, we have extensive experience serving the construction industry and mediating construction disputes as we serve many leading construction trade associations as their General Counsel and are listed as neutrals for several major dispute resolution organizations. We are uniquely situated to understand the fast-moving and complex nature of today's construction industry.
In addition, Kegler Brown provides arbitration services for construction disputes. Creditors' Rights and Bankruptcy
Our senior attorneys have many years of experience in all aspects of bankruptcy reorganization/liquidation, financial restructurings and commercial collections. Mediation is a common way to resolve business-to-business payment disputes. For years, Kegler Brown has supported the efforts of National Association of Credit Management-Ohio (NACM-Ohio) in its member services, including mediation. In the bankruptcy court, we can assist parties that need to resolve preference avoidance litigation, dischargeability litigation, and complex reorganization plan negotiations. Our staff includes several attorneys who have broad experience representing all constituencies in the bankruptcy case, including debtors, secured and unsecured creditors, committees and fiduciaries. In the creditor's rights area, there usually isn't enough money to go around, so mediation is a practical and cost effective alternative to litigation. Employment
Parties benefit from the working relationships and the strong reputation that Kegler Brown attorneys have developed with union representatives, trade associations, and the federal and state administrative agencies that enforce labor laws. Environmental and Natural Resources Disputes
Mediation of environmental and natural resources disputes is a cost-effective technique that can be used by various parties to reach a common understanding of the issues and while striving for a mutually satisfactory resolution. Kegler Brown's environmental and natural resources mediation services can facilitate the resolution of disputes arising from environmental compliance and permitting disputes; contracting disputes; legislative and administrative rule development; regulatory and administrative enforcement proceedings; land use disputes; and complex environmental remediation and redevelopment projects. Government-Related Litigation and Regulatory Matters
Kegler Brown has significant experience with highly-regulated businesses on a national level. In addition, several of our attorneys have served in business and public leadership positions, including as regulators. These qualifications enable us to help parties involved in government-related litigation or disputes stemming from regulatory matters come to amicable agreements using mediation. Intellectual Property
Mediation is a valuable resource when dealing with disputes involving many types of intellectual property, including licensing, trade secrets, patent, trademark, and copyright cases.
All too often, disputes arise in licensing when licensors and licensees interpret the license terms differently. In addition, the applicability of the license to certain products or processes, and the calculation of royalties can cause severe disagreements between parties. Kegler Brown's mediators can help resolve licensing disputes in a manner that is less costly and often less damaging to the ongoing relationship of the parties than litigation.
- Trade Secrets
At Kegler Brown, we realize that businesses must protect trade secrets to ensure their future. Often, disputes regarding trade secrets arise between businesses and their former employees or consultants. Kegler Brown mediators can assist you in reaching a private resolution to a trade secret dispute. Our mediators have the experience needed to understand not only the legal issues, but also the business interests, arising from non-compete and non-disclosure agreements, which are often central to trade secret disputes.
- Patent, Trademark and Copyright Infringement
When cases arise that deal with issues involving the alleged infringement of patents, trademarks, or copyrights, the high cost of litigation can often outweigh any potential benefits from the possible remedies in the litigation. Mediation offers an alternative that can produce positive results and avoid the high cost of infringement litigation. Kegler Brown's mediators can help produce these results in a timely and cost-effective manner.
The globalization of your business, whether through multinational ventures, outsourcing, off-shoring or the use of international agents and distributors involves particular complexities, and an increased risk of disputes. The complexity of these risks arises from the need to often apply more than one country's laws and the misunderstandings that can arise when doing business in other languages and cultures. As a result, cross-border business disputes are on the rise. At Kegler Brown, we can assist companies in mediating international business disputes. In resolving these disputes, we integrate our knowledge of the law along with an understanding of international business, other markets and social, cultural and political factors.
Our international business and dispute resolution experience extends to international contracts, mergers and acquisitions, collection of debts globally, international trade disputes, and issues arising under the Hague service convention and the Hague evidence convention, as well as other international treaties.
Personal Injury, Wrongful Death and Medical Malpractice Probate and Family Succession
It can be difficult to manage sensitive issues involving family matters, capital and values. At Kegler Brown, we recognize the confidential and personal nature of these topics, and our attorneys work to provide solutions that help clients achieve their personal goals. We also have an extensive probate administration practice that handles estates, trusts and guardianships. Our trusted attorneys provide expertise when it becomes necessary to mediate the administration of estates or when disputes arise in family succession matters. Real Estate and Banking
Obstacles inevitably arise when dealing with complex real estate transactions. Kegler Brown mediators have experience in the wide range of real estate transactions from residential real estate developments to Real Estate Investment Trusts to sophisticated financing mechanisms for commercial real estate projects.