ARBITRATIONS AND MEDIATIONS
More and more frequently business, consumer, employment and even health care and other insurance agreements require that any disputes go through private, binding arbitration, not public courthouse trials. While there are some benefits to arbitration (principally maintaining the secrecy of any dispute), in our view the party with the most resources, i.e., the employer or large corporation, benefits the most from forcing disputes into arbitration. We caution most of our clients with adequate negotiating strength against agreeing to arbitration, but quite often individuals and small companies don’t have the bargaining power to resist agreeing to such clauses.
If you have a claim under or related to a contract that has an arbitration provision, you may be able to avoid arbitration under some circumstances, for example if the contract is an adhesion contract.
If you are required to arbitrate your case, you need to hire attorneys who understand the process and know how to prepare for and win in arbitration proceedings. The attorneys at Kirsch and Jansen have the proven experience and know-how to win big for clients in arbitrations.
The attorneys at Kirsch and Jansen also have privately resolved numerous cases though confidential mediations and private negotiations.
Representative Arbitrations and Mediations
Successfully represented employees including executives in management in arbitrations and mediations.
Successfully represented a small family doctors practice whose billing and accounting system had been mismanaged by a hospital chain that was contracted to bill insurance companies for and collect payments for the care the doctors had provided their patients. The billing services were incompetently performed resulting in hundreds of thousands of dollars in un-billed, and late-paid fees. The accounting services contract required disputes be arbitrated. We aggressively litigated the dispute and obtained a large arbitration award for the doctors.
Successfully represented company in two-week American Arbitration Association (“AAA’) arbitration hearing concerning breach of best efforts clause in satellite communication technology license. Obtained award and judgment terminating license, returning technology, and awarding damages.
Successfully represented a small family doctors practice whose billing and accounting system had been mismanaged by a hospital chain that was contracted to bill insurance companies for and collect payments for the care the doctors had provided their patients. The billing services were incompetently performed resulting in hundreds of thousands of dollars in un-billed, and late-paid fees. The accounting services contract required disputes be arbitrated. We aggressively litigated the dispute and obtained a large arbitration award for the doctors.
Successful defense in arbitration (AAA) of a data processing company accused of reneging on alleged promise to fund an unprofitable start up company.