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BMK understands that litigation can be costly and time-consuming, and that mediation or arbitration of commercial disputes and internal matters may preferable for clients looking for out-of-court resolutions that are expeditious and cost-effective.  Additional advantages of arbitration and mediation include: confidentiality; reduced costs because of limited discovery and motion practice; selection of neutral third parties who have specialized expertise in handling the specific claims asserted in the case; unavailability of a jury trial; more flexibility and more focus on finding a solution than on determining fault; the parties and their attorneys generally exercise the most control over the procedures; and the proceedings tend to be less adversarial than litigation.

BMK advises its clients on each stage of the alternative dispute resolution process.  BMK assists clients with the drafting and negotiation of arbitration/mediation clauses and multi-tiered dispute resolution clauses, and advises clients on how to incorporate alternative dispute resolution into their everyday business practices.  We also review the advantages and disadvantages of the different types of dispute resolution with our clients so that we can evaluate which method may produce the best results for the client’s matter.  We help clients choose the right arbitrators and mediators based on our collective knowledge and experience.  We guide our clients through the process of negotiation, mediation, arbitration, and adjudication, aggressively pursuing our clients’ goals by using our substantive legal expertise and industry knowledge.

BMK attorneys have successfully mediated dozens of cases and have conducted arbitrations before leading arbitral institutions such as the American Arbitration Association (AAA), the Financial Industry Regulatory Authority (FINRA), and JAMS.