Alternative Dispute Resolution

While triers of fact in Arbitrations, SRO Hearings, Administrative Proceedings, Bench Trials, Mediations and Regulatory Enforcement actions are not jurors, they are people too - all with their own biases, predispositions and decision-making processes that lend themselves to analysis and persuasion techniques. Our Jury Consultant's experience in understanding persuasion and decision-making in highly complex disputes is unmatched in the industry. Our clients have come to rely on our strategic consulting, thematic development, highly customized research and visual presentations to garner a decisive advantage in presenting their case. DOAR's Alternative Dispute Consulting has been instrumental in numerous positive decisions, particularly in the area of Securities, Insurance, Reinsurance, Labor & Employment and Contract disputes.

A recent example of this involved the development of highly customized research involving securities arbitrations. The bursting of the tech bubble and recent corporate scandals has caused many investors to suffer dramatic financial losses. In order to recoup some of their money, many of these investors initiated securities arbitrations against major investment banking firms under a variety of complaint theories. Although unique in many aspects, each of these arbitrations centers on the larger issue of the tech market collapse and the corporate irregularities. The common theme of these arbitrations prompted the nation's major investment banks to work together and study how to address these potentially costly legal actions.

With its unmatched litigation expertise and extensive technology resources, DOAR was selected to work closely with the banks as well as high-profile law firms on this important issue. Our consultants designed and facilitated multiple-panel mock arbitrations to test the strategic legal issues raised by the collapse of the tech market and the corporate irregularities. We recruited real arbitrators from around the country to sit on these mock panels. They were selected from specific criteria, such as experience level, occupation, background, and professional licenses. Each mock arbitration exercise tested an amalgamated set of facts drawing from the various related arbitrations or the highest-damage claim cases.

For our investment bank clients, these exercises became an invaluable tool for assessing the risks posed by any particular series of related arbitrations. Our litigation clients benefited by testing their cases in front of real arbitrators and garnered first-hand feedback that was critical to the development of their most effective case strategies.

For more information, contact adr@doar.com