ALTERNATIVE DISPUTE RESOLUTION
The ability to find creative and economically beneficial ways to resolve disputes and/or limit issues is the hallmark of a successful Alternative Dispute Resolution provider.
The loss of time, money and mental and emotional energy caused by protracted litigation is rarely beneficial to any party. In the interest of his or her client, a diligent attorney should explore and consider reasonable avenues for accomplishing his or her client’s litigation goals through voluntary resolution. Often, the best result can be achieved through Alternative Dispute Resolution whether prior to the commencement of a lawsuit, at the appellate stage or anywhere in between; however, selecting the right ADR provider for your case can be critical to the success of the process.
Many factors affect the choice of the appropriate Alternative Dispute Resolution provider to move the case toward resolution and/or toward expeditious management of litigation. Whether the case involves two parties or hundreds, it is important that the ADR provider not only understands the nature of the dispute and the ADR process, but can establish a rapport with all sides of the dispute. The ADR provider must also earn the trust and confidence of the parties, attorneys and principals and demonstrate the skill to overcome economic and non-economic barriers to resolution. This skill requires thorough preparation, understanding of key issues and creativity to propose solutions to any barriers. Even if a dispute cannot be entirely resolved, a skillful ADR provider can beneficially impact the flow of the litigation by bridging some of the parties’ issues or bringing added clarity to the dispute.
While all of the Firm’s attorneys have extensive experience representing parties and principals at various ADR proceedings, several of the firm’s attorneys have had notable experience assisting parties to resolve their disputes and/or managing their litigation to maximize the ultimate potential for resolution. These attorneys have acted as mediators, special masters, arbitrators and judges pro tem in numerous cases involving many different types of claims, issues and parties.
The Firm’s Alternative Dispute Resolution providers are:
Chris A. Tarkington
Chris A. Tarkington has handled civil litigation and complex insurance matters throughout Northern California for 30 years. This experience includes involvement in multi-party, complex litigation in diverse areas including construction, environmental, catastrophic losses, insurance and professional liability. He is a member of numerous mediation, settlement and arbitration panels.
His approach is to be proactive in seeking common ground between the parties, narrowing the issues in dispute and concentrating on reaching a mutually agreeable resolution.
His focus is in the fields of construction, professional negligence, products liability, personal injury, commercial litigation, real estate, environmental, employment and public entity claims and litigation.
He has offices in San Francisco and Santa Rosa. With respect to matters in other counties, other facilities will be arranged for the convenience of the participants.
References will be provided upon request.
Robert A. Roth
Certified appellate specialist Robert A. Roth has extensive experience as a mediator in appellate cases. In 2000, Mr. Roth was selected among the distinguished first group of attorneys chosen to act as appellate mediators for the California Court of Appeal’s Mediation Program for the First Appellate District.
Mr. Roth has proven especially effective in facilitating settlement by getting parties to take advantage of the expanded settlement options available to litigants that cannot be obtained through litigation, including creative use of tax considerations.
Mr. Roth has acted as appellate mediator in a broad range of cases, including business disputes, probate and family law.