Whether to arbitrate a claim is one of the early decisions that profoundly affects the path to resolution. Arbitration is not always better than litigating in court. We counsel employers and other business clients on whether to enforce an arbitration agreement, taking into account likely outcomes, speed of resolution, and impacts on our clients' businesses. We have arbitrated matters to decisions in a variety of cases throughout the 25-year history of BCH.

Although many arbitrators have a "split the baby" approach, we have achieved complete wins for plaintiffs and defendants. We obtained a complete victory for the plaintiff in an international dispute over an operating agreement for a Latin American power generation facility. We obtained a decision for the defense in a recent case in which the plaintiffs demanded over $1 million for alleged racial discrimination, workplace harassment, and retaliatory firings. In a sexual harassment / breach of duty case, the arbitrator saw through false allegations by the plaintiff and awarded nothing against our client.

Mediation can be an effective tool, either in positioning a case for a win at trial or as a settlement strategy. A well-run mediation can be used to limit the opponent's options, expose an opponent's weaknesses, and eliminate claims. Early mediations are sometimes useful to avoid litigation altogether. Our lawyers know the mediation process, know how to choose the right mediator for a given situation, and know how to manage the mediator to achieve results for the client.