Moffatt Thomas is dedicated to helping clients avoid or resolve disputes as favorably, expeditiously and economically as possible. At times that representation is best accomplished by “alternative dispute resolution” (ADR), which encompasses mediations, neutral evaluations, and arbitrations, among other practices.
To help you understand those concepts, the following is a brief explanation of the terms:
(a) Mediation – Mediation is the intervention by a neutral third party to help parties come to a party-directed resolution of a dispute. Mediators have no power to mandate a resolution, but a mediator can help parties find a mutually satisfactory way to resolve disputes before or after litigation begins. The advantage of mediation over trial is that the parties resolve their own dispute, rather than having a third party (judge) or parties (jury) resolve it. The resolution is generally more creative, less expensive to obtain (although the mediator has to be paid by the parties), and quicker than trial. Most courts now require litigants to mediate a case before it can go to trial because of the high-volume case load most judges have; however, mediation can also be voluntary and can predate a suit being filed.
(b) Neutral Evaluation – This technique also involves a neutral third party who, after reviewing information provided by the parties, offers his or her evaluation of what a case is worth in his/her opinion based on the evaluator’s experience. This is also non-binding on the parties and is usually employed early in the case.
(c) Arbitration – Arbitration is different. An arbitration does result in a binding decision. It is tantamount to a trial with a private judge(s) chosen by the parties. Arbitrations can be less expensive than going through a trial and are generally resolved sooner than a trial. Sometimes, if a lot of discovery is undertaken, the savings of time and money disappears. Arbitrations are generally set up by contract and are governed by Idaho law and by the contract of the parties. Arbitration decisions are usually final, as appeal of a decision is much more difficult than appealing a court or jury decision.
The attorneys at Moffatt Thomas can help you resolve your case through ADR, if that is in your best interest, in two different ways:
1. If you are our client, we will do the work that is necessary to prepare your case for mediation or arbitration and will represent your interests to the utmost within the context of those practices. It is important that we are prepared to represent you properly in a mediation or arbitration in order to obtain a good resolution and, therefore, there may be some discovery undertaken before a mediation or arbitration.
2. If you are not our client, another way Moffatt Thomas can help you is by serving as a mediator, third-party evaluator, or arbitrator. Attorneys at Moffatt Thomas are trained and experienced in the various techniques of ADR and are prepared to help parties resolve their differences without their having to undergo the often time-consuming, expensive, and emotionally draining experience of a trial by instead mediating, evaluating, or arbitrating your case.
Discovery in Complex Litigation, Practical Tips presented by Moffatt Thomas attorneys, James L. Martin and Tyler J. Anderson
Moffatt Thomas attorneys Jim Martin and Tyler Anderson will present “Practical Tips for Discovery in Complex Litigation” to third year law students at the University of Idaho School of Law on Wednesday, October 19, 2016.
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Attorney Tyler Anderson delivers presentation on “Civil Litigation” at Citizens Law Academy
Tyler Anderson, partner at the law firm Moffatt Thomas, presented on "Civil Litigation" to the Citizens Law Academy on 10/28/14.
Benjamin C. Ritchie, Moffatt Thomas-Idaho Falls, to present to the Litigation Section of the Idaho State Bar
Moffatt Thomas attorney, Benjamin C. Ritchie, will present to the Litigation Section of the Idaho State Bar on Friday, April 15, 2016. His presentation is titled, “Attorney-Client Privilege and In-House Counsel.” The seminar will be broadcast via live webinar from the Idaho Falls offices of Moffatt Thomas to Idaho State Bar locations throughout Idaho.
Women’s Corporate Counsel Leadership Seminar, sponsored by Moffatt Thomas and the Association of Corporate Counsel
The Association for Corporate Counsel, Mountain West Chapter, and Moffatt Thomas announce an inaugural event: LAWYERS AS LEADERS – Women's Corporate Counsel Leadership Seminar. May 17, 2016.
JULIAN E. GABIOLA, MOFFATT THOMAS, SOUTHEAST IDAHO PROFESSIONAL OF THE YEAR HONOREE
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Moffatt Thomas Attorneys James L. Martin and Tyler J. Anderson present to University of Idaho law students: “Practical Tips for Discovery in Complex Litigation”
Moffatt Thomas attorneys Jim Martin and Tyler Anderson discuss the process of filing a lawsuit and taking it to trial at the University of Idaho College of Law – Boise on Thursday, October 15, 2015.
Idaho AGC Lunch & Learn by Tyler J. Anderson, Moffatt Thomas – Construction Litigation Strategies.
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Moffatt Thomas hosts “To Kill a Mockingbird,” a special film presentation by Boise Classic Movies
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Moffatt Thomas attorneys James L. Martin and Mindy M. Willman and Moffatt Thomas IT Manager Marshall Major were honored for their significant accomplishments as 2014 Leaders in Law, an annual award by the Idaho Business Review.
MOFFATT THOMAS ATTORNEYS NAMED BY BEST LAWYERS® 2016
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Boise Philharmonic 2015-2016 Season contributing sponsor Moffatt Thomas, The Sound of Our City
Moffatt Thomas is proud to sponsor the Boise Philharmonic 2015-2016 season: The Sound of Our City
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Super Lawyers Selects 12 Moffatt Thomas Attorneys for 2016
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Zoo Boise Reaches Global Conservation Milestone in 2016
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University of Idaho hears practical tips for Discovery in Complex Litigation from Moffatt Thomas Attorneys, James L. Martin and Tyler J. Anderson
Moffatt Thomas attorneys Jim Martin and Tyler Anderson discuss the process of filing a lawsuit and taking it to trial at the University of Idaho College of Law – Boise.
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Gerald T. Husch, Moffatt Thomas Employment Law Attorney, Presents on Noncompete Agreements
Moffatt Thomas employment law attorney, Gerald T. Husch, presenting "Noncompete Agreements" to the MBA program at Boise State University, September 2014.
“Discovery of Electronically Stored Information” an ACC Webinar Presented by Moffatt Thomas – May 12, 2015
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“Reflections on Volunteer Service,” by Larry C. Hunter, Moffatt Thomas
The power of many rather than the power of one is most often the way in which we can change the world.
Documentation That Any Trial Lawyer Would Like To See
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Attorney’s Guide to Cross-Examining or Defending the Financial or Business Valuation Expert
Attorney’s Guide to Cross-Examining or Defending the Financial or Business Valuation Expert, by C. Clayton Gill Download PDF
Attorney-Client Privilege and In-House Counsel, Benjamin C. Ritchie
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New Federal Trade Secret Law Affects Idaho Employers, Gerald T. Husch and Andrea J. Rosholt
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DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016
DOL Has Published the Amended FLSA (Overtime) Regulations — Employers Must Comply By December 1, 2016. An Employment Law update by Moffatt Thomas attorney, C. Clayton Gill.