PRACTICE

AREAS

COMMERCIAL

Whether the dispute involves hundreds of millions of dollars and multiple parties or a small contract dispute, we bring the same level of effort, creativity and perseverance to assist you. Representative examples of subjects that have been successfully mediated or arbitrated:

Mass Torts and Class Actions, including asbestos, pharmaceuticals and defective building products;
Intellectual Property
Franchise
Contract
Zoning and Land Use
Energy

CONSTRUCTION DEFECT DISPUTES

Extensive experience resolving construction defect dispute with multiple parties and their insurers. Excellent understanding of building practices and also insurance coverage issues related to alleged defective workmanship.

ENVIRONMENTAL and WATER RIGHTS

Retained to resolve both statutory and natural resource claims; experience working in every region of the EPA on Superfund, Clean Air Act, Clean Water Act, Oil Spill Act and other federal and state enforcement statutes.

Involved in major water rights disputes in every region of the United States, including successfully mediating the historic Colorado River Cooperative Agreement and Wisconsin v. Illinois.

INSURANCE COVERAGE

Highly knowledgeable and experienced mediating and arbitrating complex coverage disputes with one or more than a dozen carriers. Have negotiated policy buyouts and coverage-in-place settlements in a variety of contexts. Mediated one of the first cybersecurity coverage disputes. Retained on multiple occasions as the chair of arbitral tribunals adjudicating complex coverage issues. Appointed Special Allocation Master in a New Jersey coverage actions involving more than one dozen carriers and hundreds of millions of dollars in coverage. Virtually all of the recommended substantive decisions, including several issues of first impression were adopted by the trial and appellate courts. Resolved or arbitrated multiple disputes involving Bermuda form coverage.

TRIBAL DISPUTES

Mediated and arbitrated matters with more than two dozen tribes across the United States, including disputes arising out of United States v. Michigan and United States v. Washington. Widely respected as an honest broker and fair neutral by tribes, non-tribal businesses, municipalities, states and the federal government.

EMPLOYMENT / WORKPLACE

Successfully mediated and also arbitrated high-value employment disputes involving wrongful termination, covenants not to compete and race and sex discrimination matters.

BICKERMAN

Dispute Resolution

Specializing in Facilitation of Public Policy Disputes, Mediation, Arbitration and Complex Litigation Management

Washington DC/New York City

“Adjusting the mediation style to meet the needs of the parties”

experienced efficient innovative

John Bickerman honored with Cornell's William Groat Award

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WHY WE'RE DIFFERENT

Experience — Having been a neutral for 25 years, we have acquired the legal expertise, understanding of human nature and the level of self-confidence to perform at the highest level. We’ve worked with enough parties and courts to understand how the judicial process works.

Efficient — whether a mediation or arbitration, our goal is to manage the process so that it leads to a cost-effective and durable outcome as quickly as possible.

Personalized — we don’t use a cookie cutter approach. Every dispute and disputants is unique. We taylor our approach to to the needs of the parties, recognizing that those needs may change over the course of a dispute.

Innovative — because one size doesn’t fit all for either the process or the substance of a dispute, we are very creative in exploring creative solutions.

Persistent — one of the most frequent compliments we get relates to our perseverance. We keep working when others would give up.

Flexible rates for clients with low value matters or where governments or tribes are parties.

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