Arbitration, Mediation & Alternative Dispute Resolution
Stites & Harbison has a wealth of ADR experience conducting ADR sessions as either mediators or arbitrators, and in advocating on behalf of clients in the ADR setting. The firm's attorneys mediate and arbitrate all types of disputes. Ten of our firm's attorneys completed training or certification in mediation, and eight completed training or certification in arbitration. The New York City-based CPR International Institute for Conflict Prevention & Resolution has named three Stites & Harbison attorneys to its Panel of Neutrals. In addition, many others have received training in ADR by the American Arbitration Association, the Atlanta Justice Center, or the Mediation Center of Kentucky and regularly serve as arbitrators and mediators.
As advocates, we understand that the majority of litigation results in a negotiated settlement. We are experienced and well-equipped to achieve the best settlement results possible for our clients. We have settled hundreds of millions of dollars in claims by alternative dispute resolution. In one recent case, Stites & Harbison helped achieve a mediated settlement of $12 million in favor of the firm's client.
In our experience, mediation and other forms of alternative dispute resolution often succeed in terminating litigation on terms acceptable to both parties. Mediation or ADR forces a plaintiff to realistically assess a case and come face-to-face with its weaknesses. Otherwise, this might not happen until the eve of trial.
In cases involving complex engineering or scientific principles, we have sometimes used a “non-lawyer neutral” in direct interface with experts retained by the adverse parties. Sometimes we do this without lawyers present; sometimes we have lawyers present, but only for the purpose of observing to ensure the fairness of the process. We have noted how much time can be saved and how many technical issues can be resolved in this manner. Mediations or arbitrations are substantially shortened, and the issues narrowed more quickly.
Examples of complex cases we successfully resolved by ADR include:
- A construction mold case involving $25 million in damage to a hotel in Charleston, S.C. Large amounts of water infiltrated the building within a year of its completion. Essentially, the entire building from the concrete structure out had to be torn down and rebuilt. Engineering issues concerned whether this was a result of construction errors in the masonry system, or design errors by the HVAC engineer inducing negative pressures and exacerbated by the humidity of the South Carolina summer. Ground-breaking scientific approaches to proof were developed in this case.
- A $40 million case involving the chemistry of flu gases generated in a coal-burning power plant, and the metallurgy of a very rarely-used grade of stainless steel that was specified for construction of a scrubber tower. We represented an international engineering and construction company that was the world's leading builder of power plants. On the other side was the last U.S. manufacturer of boilers used in power plants. Each of these companies needed the other in order to maintain its market going forward. The ADR, which followed months of aggressive litigation, was structured totally around future business arrangements between the parties.
The Uncertain Future of the FTC Ban on Employment Non-Compete Agreements
Time: 1:00 a.m. EST - 3:10 p.m. EST
Webinar
TJ Mihill will be a speaker at this myLawCLE webinar on February 19, 2025. The webinar will cover the legal challenges of the Federal Trade Commissions ban of the use of non-compete agreements in employment settings.
Evaluating and Mitigating the Impact of Trump’s Tariffs on Construction Projects
On February 1, 2025, President Trump announced that tariffs of 25% will be imposed on goods imported from Mexico and Canada (with the exception of Canadian energy resources which will be subject to a 10% tariff). In addition, a 10% tariff will also be imposed on certain goods imported from China. The administration’s stated justification for this emergency action is to address the threat posed by illegal aliens and drugs, including fentanyl, that are flowing into the United States. While the details of the tariffs remain unclear, these tariffs will undoubtedly impact both the cost and availability of critical materials required for construction projects across the United States. Accordingly, all contractors would be wise to immediately evaluate applicable clauses in existing contracts that may offer some relief from the time and cost impact resulting from tariffs. Construction attorneys Tyler Lloyd and Steven Henderson take a look at what this will mean to the construction industry in this Stites & Harbison Client Alert.
Ross Hutchison Named Chair-Elect of the Tennessee Bar Association’s Construction Law Section
The Tennessee Bar Association’s Construction Law Section recently appointed Stites & Harbison, PLLC attorney J. Ross Hutchison Chair-Elect of the section. Hutchison will serve a one-year term.
2024 Construction Law Institute
Time: 7:45 a.m. - 4:15 p.m.
The Campbell House, 1375 South Broadway Road, Lexington, KY 40504
Construction attorney Bill Geisen is the Institute Chair and will give the Welcome announcement for the 2024 Construction Law Institute in Lexington on October 17, 2024. Attorneys Steven Henderson, Cassidy Rosenthal and J.P. Stilz will also be presenters at the event.