In any of the Firm's litigation matters, it is the ongoing responsibility of the lead lawyer to understand the client's desires for resolution of the dispute and attitudes toward alternative dispute resolution and other creative methods for resolving cases. We are open to any possibility that may achieve the client's goals.
Jones Day lawyers have participated in alternative dispute resolution and mediation as dispute resolution strategies in every type of litigation and ADR program that operates in the country, including court-sponsored and private programs. Our lawyers have successfully achieved our clients' goals in arbitrations, both binding and nonbinding, and mediations of all forms, including baseball/final offer arbitrations, bounded (i.e., high/low) arbitrations, comediations, confidential listener programs, early neutral evaluation programs, incentive arbitration, mini-trials, summary jury trials and, of course, court-ordered settlement conferences.
We have successfully used various ADR mechanisms to resolve complicated business or commercial disputes between sophisticated companies, both under various organizations' procedures and in proceedings in which we were able to negotiate the rules of discovery and procedure. It is particularly advantageous to be able to set the specific rules for discovery and trial to govern a particular arbitration, both in order to expedite the proceeding and to shape the rules to improve the odds of success.
In substantial insurance coverage matters in which we represent the policyholders suing to obtain coverage, various forms of mediation have been useful in resolving litigation against some or all of our insurers. These mediations typically require presentations to the mediators, akin to opening statements, and they involve several sessions of intense negotiation. We have maximized our chances for success at trial by settlements with primary carriers, leaving excess insurers who were "riding coattails" pressed to defend themselves at trial without the aid of the primary insurer.
Jones Day has also successfully used ADR in toxic tort and product liability litigation, including litigation involving pharmaceuticals. For example, Firm lawyers have used early mediation to resolve multiple claims of adverse side effects from a particular drug. The mediation process was quite successful in resolving the cases, particularly because it gave "victims" and surviving family members a forum for diffusing their emotional upset and anger.
In addition to conducting ADR on behalf of our clients, many Jones Day lawyers regularly serve as arbitrators, mediators, neutrals, and case assessors in various ADR programs. This service not only enables the Firm to meet our obligations to the court system, but also provides our lawyers multiple resources regarding the ADR process. Our lawyers have written extensively on various aspects of ADR, including, for example, Steven C. Bennett, author of Arbitration: Essential Concepts (ALM Publishing 2002), a 200-page introduction to arbitration and the arbitral process.