Services Offered by Reiman ADR

Introduction

As a business person, I wanted answers promptly so that I could plan and move forward with the execution of our business strategies. Of course I wanted the right answer, but just as important was securing an answer. The paralysis of uncertainty is often more expensive than the cost of a bad decision. As an attorney advocate, I wanted judges who managed the litigation process, made prompt and decisive rulings, and who understood the factual and legal issues presented.

When serving as an ADR professional, I strive to always remember what was important to me as a businessman and as an attorney. When an arbitrator, I endeavor to keep the parties focused as they present their arguments and to manage the proceeding to assure i) that all relevant evidence is presented, ii) that the parties have the opportunity to fully and completely present their cases, and iii) that the proceeding is efficient and as streamlined as possible. When ruling, I endeavor to always follow and apply the applicable law and terms of the contract. When a mediator, I listen to what is said and what is left unsaid as I help the parties understand the essence of their dispute and find common ground. I provide my opinion as an objective neutral to the strengths and weaknesses of their positions, and continually remind them that a fast conclusion that is palatable is often better than the “best” solution.

Arbitration

Arbitration is an alternative to a State, Federal or International court proceeding whereby the parties to a dispute secure a binding decision which they may then enforce as a normal court judgment. Its advantages are:

  • the parties to the dispute control the process and select the person(s) who will decide their dispute;
  • speed (arbitrations, correctly administered, will result in a faster hearing and decision); and
  • cost savings (arbitrations typically are more streamlined and efficient than court litigation, hence the parties should realize substantial cost savings).

Additionally, because the parties select their arbitrators, arbitrators usually have deep experience with the general subject matter of the dispute hence they are better equipped than a judge or jury to correctly assess responsibility and damages (if applicable).

The arbitration process traditionally begins with a preliminary or pre-hearing conference attended by the arbitrator(s), the parties and their legal counsel. As in litigation, the attorneys for the parties typically make both opening and closing statements and have the opportunity to subpoena witnesses. At the end of the arbitration hearing the arbitrator(s) will issue a decision in the manner the parties direct – usually comprising a written award stating the reasons for the award. If the parties wish, the award may be more comprehensive and state findings of fact and conclusions of law, or more simple and simply state who wins and how much (if a sum is to be awarded).

I serve as an arbitrator for arbitrations administered by the American Arbitration Association (AAA), arbitrations administered by the Financial Industry Regulatory Authority (FINRA), and also pursuant to private arrangements between myself and the parties to a dispute. In addition to being listed on the AAA’s Roster of Commercial Arbitrators and FINRA’s roster of Public arbitrators, I am a Fellow of the Chartered Institute of Arbitrators, the world’s preeminent certifying / qualifying authority for international arbitrators.

Mediation

Mediation differs from arbitration in that the dispute resolution professional guides the conversation between the parties in a neutral manner and endeavors to facilitate a mutually agreed resolution. Mediators do not decide disputes; they facilitate the parties’ effort to reach a result both can accept.

Mediation has two significant advantages: First, it is the parties themselves that craft the resolution – no decision is dictated to them by a court or arbitrator. Second, if the mediation fails, little is lost. All that transpires during the mediation is confidential and nothing that is disclosed or stated during the mediation may be used by either party during subsequent court or arbitration proceedings. Moreover, parties often find that mediated disputes that they resolve themselves yield agreements that all participants are more likely to adhere to, and their personal and professional relationships are less damaged.

As an independent mediator, I provide mediation services on an as needed basis. My business and legal experience has permitted me to see solutions and opportunities others are blind to, and resulted in an extremely high success rate. I limit my mediation services to business disputes. No family or domestic law matters are accepted.

e-Neutral

e-Neutrals are individuals who act as unbiased, independent referees of disputes concerning discovery of electronically stored information (ESI). e-Neutrals serve in several capacities or roles, including that of mediators, arbitrators, and court appointed masters. The e-Neutral’s purpose: to resolve disputes involving the discovery, preservation, and “turn-over” of ESI.

I am a Fellow of the American College of e-Neutrals. As such, I have received education and training in e-discovery and been qualified by the College as a person who “has met the highest standards of knowledge, training and experience in both dispute resolution and e-discovery as determined by ACESIN’s Advisory Board.” When serving as an e-Neutral, I bring to the parties my understanding of the legal and technical issues inherent in an e-discovery dispute as well as my understanding of the business world, how decisions are made and recorded, and the costs associated with identifying, producing, and maintaining electronically stored information.

Negotiation

An independent third party, free of the noise and emotions that often cloud a business negotiation, can be a great benefit and may even be the difference between a successful or failed negotiation. I provide negotiation consulting and also serve as a negotiator for clients. In such capacity, I bring to the table his global experience and record of success conceiving and executing deal-making strategies and closing transactions. As a lawyer, I understand the legal issues and is thus skilled at managing the lawyers and preventing legal side issues from over-running the deal. As a seasoned global business executive, I understand monetary and operational issues, and what makes a profitable deal. As a skilled listener and observer, I ferret out the nuances that often turn “no” to “yes.”

Facilitation

In certain instances businesses interested in exploring options for their future choose to engage in working sessions to craft a plan. As there is often a difference of opinion among the attendees, it can make sense to engage a professional facilitator to guide the discussion. My demonstrated success in global business, as well as my deep understanding as a lawyer of the legal constraints and ramifications of alternative courses of conduct, can help clients identify issues and work through alternatives, facilitating the crafting of superior solutions to the business challenges they face.

Additional Services are Available Upon Request