Litigation and ADR

Our approach to every case is straightforward:

• Analyze the case and develop options.
• Strive for superior results.
• Keep clients informed and involved throughout the proceedings.
• Give primary responsibility to a trial law partner.
• Use associates and paralegals to provide efficiency.
• Make smart use of technology.
• Call on attorneys from other Varnum practice areas – corporate, environmental, labor, tax – to strengthen a case or suggest innovative ways to resolve a dispute.

Varnum resolution facilitators have the experience, training and certification to be qualified mediators and arbitrators. We are active participants in the resolution process and guide disputing parties through discussions and brainstorming sessions to help them find the best results. We challenge parties to look beyond their own positions on the disputed issues and toward their individual desired outcomes. Where those outcomes meet, there is room for successful negotiation and compromise. Varnum resolution facilitators are veteran attorneys with years of experience in various areas of law, primarily for corporate clients. Several Varnum attorneys are certified mediators and others are available to act as arbitrators. They all bring a high level of understanding of business disputes and a wealth of  resources about applicable laws and legal precedent.

Over the years, our resolution facilitators have handled mediations, appeared on arbitration panels and acted as sole arbitrators for disputes across the country. They have coached numerous clients through the mediation process and have seen from all sides what makes mediation successful or unsuccessful. Each neutral has a different way of approaching the mediation process while retaining the basic theories of successful negotiation. Varnum’s dispute resolution offers you, your clients, your company and your employees access to thoughtful, confidential, expedient, fair and cost-effective alternatives to litigation.

What is arbitration?

Arbitration is a process in which a third party, called an arbitrator or neutral (or an arbitration panel), renders a binding decision based on the merits of each case as presented. The arbitrator, or arbitration panel, acts as a judge to serve a verdict that normally cannot be appealed.

Prior to arbitration, parties usually have some input on the designing of the process. For example, parties may decide to limit opening statements or forego discovery. It is important that the rules of arbitration are well thought out or many of the cost advantages of arbitration can be lost. Once the ground rules are established, the arbitrator takes control of the proceedings. The arbitration process is not public, so the proceedings can be completely confidential.

Why should I use arbitration?

There are several aspects that make arbitration a process preferable to litigation. Arbitration results in a binding decision without the time, expense and publicity that can accompany litigation. Arbitration can be a very efficient process compared to traditional litigation. This makes it less costly and leads to quicker resolutions rather than lawsuits that can continue for years.

What is the value of an experienced arbitrator?

Disputing parties select their own arbitrator, allowing them to choose someone with a relevant body of knowledge. For example, an attorney with experience in construction law would have a high level of understanding in a dispute over construction contracts. This previous knowledge means the arbitrator can spend less time learning about the basics of a situation and more time understanding the dispute.

What happens behind closed doors?

Because arbitration is essentially a private meeting, it retains a high amount of confidentiality. The public and media are not entitled to attend arbitrations and, in fact, rarely know that they are scheduled to occur. Arbitration decisions and proceedings are not public information.

When should I use arbitration?

Arbitration can be used to effectively resolve disputes in a variety of situations including: business-to-business, business-to-consumer and employer-to-employee. Arbitration works best in situations where otherwise a trial is the likely result. Like litigation, arbitration ends in a ‘win/lose’ situation, but in a more manageable, flexible way.

Whether you are an attorney talking with your client or corporation about entering into alternate dispute resolution (ADR), an administrator looking to create a mediation clause, or someone involved in a current dispute, the following information will help you understand and discuss the benefits of facilitative mediation.

What is facilitative mediation?

Facilitative mediation is a non-binding process in which a third party, called a mediator or neutral, facilitates the negotiation process between two or more parties. The mediator works with the disputants to establish ground rules and helps maintain those ground rules throughout the process. The mediator may work with each side individually to uncover issues and potential opportunities for consensus. Individuals maintain control over the outcome and are personally involved in the result. Mediation agreements are enforced as contracts.

Mediation is more confidential than a public court proceeding. Varnum mediators are required to maintain confidentiality and, by contract, cannot be called to testify about any statement made by either party during the mediation process.

Why should I use mediation?

The process of litigation is a pricey one. Beyond the cost of quality attorney representation and trial preparation, litigation often costs opposing parties their business and personal relationships and even their public reputation. Mediation costs little compared to litigation. It preserves relationships, finds mutually acceptable solutions, offers confidentiality and allows for flexibility and creativity in the dispute resolution process.

What is the value of an experienced mediator?

Since you choose your mediator, it is possible to select a neutral with special knowledge in an area. This limits the amount of background education required for the mediator to effectively facilitate discussions. For example, an environmental attorney understands the laws, processes and business decisions surrounding the sale of contaminated land and can offer insightful, cooperative options beyond what the parties may have discussed.

How does a less formal setting promote communication?

Sometimes the impetus for litigation is a plaintiff’s wanting their “day in court.” Facilitative mediation provides the opportunity for both parties to present their sides of the dispute in a less intimidating environment. Facilitative mediation can provide an open atmosphere for individuals to talk face-to-face about how an incident or the dispute has affected them individually, professionally and personally. Open communication often leads to an understanding of another party’s actions and ultimately preserves relationships. Mediation is not about attorneys winning cases for clients or juries deciding on financial compensation, it is about parties working through differences and miscommunication toward a common goal.

At Varnum, our primary focus is to get you well – physically, emotionally and financially. As your advisors, we counsel you throughout the legal process while providing effective, experienced representation and the resources of one of the largest law firms in Michigan.

We help obtain healing, fair compensation and a just resolution for traumatically injured people by passionately believing in their causes and standing with courage on that belief.

What Makes Us Different

Helping a traumatically injured person requires more than generalized legal knowledge. Along with a focus in personal injury law, our attorneys have also acquired extensive medical knowledge. We have an in-depth understanding of how the body functions and how that function is altered by injury.

We also have a thorough understanding of medical concepts and terminology, which is essential in order to effectively explain to juries the relationship of physical trauma to a patient’s life and entire sense of well-being.

Free Consultation

Varnum attorneys are called upon in some of the most difficult times in people’s lives, when the future is uncertain and the concerns are many. We understand that you have questions and are happy to talk to you at no cost.

We accept cases on a contingency basis, meaning we receive a percentage of the money we recover for you. If we are not successful, you will owe us nothing for the time we have invested in your case.

Qualified Attorneys

Varnum’s Personal Injury Team is made up of nationally respected attorneys who genuinely care about helping you through one of the most difficult challenges you may ever face.

All of Varnum’s senior personal injury attorneys are rated AV^® Preeminent – the highest rating possible – by Martindale-Hubbell, the nationally renowned lawyer grading system. Varnum’s personal injury group is recognized by U.S. News & World Report – Best Lawyers^®, and all of our senior attorneys are listed in Best Lawyers in America^®.

Power of a Law Firm

When you retain a Varnum attorney, you have access to the full resources of the firm. If your matter requires establishing a trust, or you must deal with probate or Social Security issues, our attorneys experienced in those areas are ready to help.

What to Expect

Varnum attorneys investigate and research each case thoroughly. Comprehensive materials are meticulously prepared, outlining the legal liability of the defendant and the substantive damages suffered by our client. We clearly explain your options, such as if the case can be settled more quickly out of court or whether litigation and a jury verdict may be required.

Many lawyers forget that they work for the client. We pride ourselves on keeping our clients fully informed, returning phone calls and responding promptly. At least two attorneys are committed to each client we represent, and our entire practice team is actively involved when needed during the trial.

If you own land that touches or is bounded by a natural body of water, you are entitled to riparian rights. This very specialized aspect of real estate law presents unique challenges which require the assistance of counsel experienced in handling such matters.

Our riparian rights team includes attorneys with experience in cottage law, environmental, land use and zoning law, which allow us to draw from a range of perspectives in resolving riparian rights and related matters.

Experience

We have experience solving the following problems:

• Access rights
• Dock disputes
• Inland lake level proceedings
• Plat vacations and similar issues involving dedicated areas in recorded plats
• Road-end disputes
• Boundary disputes, involving both uplands and riparian bottomlands
• Municipal regulations of riparian uses
• Restrictive covenants and deed restrictions
• Issues concerning public access or other public rights
• Hunting and fishing rights
• Document review prior to property purchase
• Easements
• Litigation of riparian rights issues
• Quiet title actions
• Land use issues

Riparian Rights Disputes

Our experience has shown that far too many cases wind up in the courts because property owners have taken matters into their own hands without understanding their legal rights or the potential rights of the perceived transgressor. Seek legal advice before you resort to any “self-help” remedies.

Adjacent owners have been known to remove or destroy docks, tear down fences or erect obstructions to prevent access. In addition to the potential for hostility, such actions increase the likelihood of an expensive lawsuit, which may have been avoided if legal advice was sought in the first instance. If someone is using a portion of your land or interfering with the use and enjoyment of your property, seek appropriate counsel to understand your rights and how to protect them.

Varnum attorneys serve our business clients’ needs in complex transactions governed by the Uniform Commercial Code. Although we have broad experience in all aspects of the UCC, our work tends to focus primarily on Article 2 (Sales of Goods) and Article 9 (Secure Transactions).

As to Article 2, we have experience in all facets of commercial sales, including drafting of purchase orders, quotes and acknowledgments to protect the rights of buyers and sellers respectively. We also have an extensive practice in the secure transactions area governed by Article 9.

Commercial and UCC Litigation

The lawyers in the commercial section of the trial team at Varnum have litigated a broad spectrum of commercial disputes. The firm has a high degree of specialized knowledge and experience in all of the traditional areas of commercial litigation, as well as in many unique areas of commercial law. Examples include:

• Breach of warranty cases between commercial parties, including cases involving automotive parts suppliers at all levels (from the Big Three to Tier 1 and below), top-tier furniture manufacturers and hundreds of other companies
• Commercial contract litigation matters (including sales-of-goods cases) involving issues such as contract formation, the enforceability of “output” and “requirements” obligations, “just-in-time” components and nearly every other issue that can arise under the Uniform Commercial Code sections governing sales
• Adversary proceedings in bankruptcy, including preference cases, non-dischargeability cases and cases involving fraudulent conveyances
• Banking litigation, including the rights and remedies of parties to routine bank transactions (forged endorsement cases), Equal Credit Opportunity Act cases (the enforceability of “spousal” guaranties), litigation over letters of credit and debtor/creditor rights
• Commercial lease litigation under Article 2A of the Uniform Commercial Code