Alternative Dispute Resolutions (ADR)

Strategic Conflict Resolution Beyond Litigation

Our Alternative Dispute Resolution practice offers sophisticated approaches to resolving disputes outside traditional courtroom litigation. We help clients achieve favorable outcomes through negotiation, mediation, arbitration, and other innovative dispute resolution mechanisms, often saving significant time and expense while preserving business relationships and maintaining confidentiality.

Our Process

1. Dispute Assessment

We begin with a comprehensive evaluation of the conflict, identifying key issues, stakeholder interests, legal considerations, and potential resolution pathways most likely to achieve your objectives.

2. Strategic Design

Our team develops a customized dispute resolution strategy, selecting appropriate mechanisms, determining optimal timing, and establishing realistic parameters for acceptable outcomes.

3. Preparation & Positioning

We thoroughly prepare all necessary elements for successful resolution, including documentary evidence, position statements, expert opinions, and compelling presentation materials.

4. Facilitated Resolution

Our associates guide you through the selected ADR process with strategic advocacy or neutral facilitation, adapting approaches to address emerging opportunities for settlement.

5. Implementation & Compliance

We ensure resolution agreements are properly documented, enforceable, and implemented, with clear mechanisms for monitoring compliance and addressing any subsequent issues.

Multidisciplinary Expertise

Our ADR practice combines associates with diverse substantive backgrounds including commercial litigation, international law, employment, construction, and intellectual property. This multidisciplinary composition enables us to assemble teams with precisely relevant industry and subject matter expertise for your specific dispute. Many of our practitioners hold specialized ADR certifications and advanced degrees in negotiation theory, with several serving on faculty for prestigious ADR training institutions.

Dual Perspective Advantage

Our team includes both experienced advocates who represent clients in ADR proceedings and accredited neutrals who serve as mediators and arbitrators in complex disputes. This dual perspective provides unique insights into effective advocacy strategies and anticipation of neutral concerns. Our advocates understand the decision-making processes of mediators and arbitrators, while our neutrals bring direct experience in crafting durable settlement frameworks and manageable arbitration processes.

Litigation Integration

When ADR processes are conducted in the shadow of pending or potential litigation, we ensure seamless coordination between dispute resolution initiatives and courtroom strategy. Our ADR specialists collaborate closely with our litigation team to leverage procedural advantages, maintain strategic consistency, and preserve litigation positions while pursuing settlement opportunities. This integrated approach maximizes leverage in negotiated resolutions while maintaining readiness for adjudication if necessary.

Cost-Effective Approach

We structure our ADR services to maximize value through targeted preparation, efficient process management, and results-oriented advocacy. Our experience across thousands of disputes has refined our ability to identify which investments of time and resources yield the greatest return in settlement leverage or arbitration outcomes. We regularly offer alternative fee arrangements for ADR services, including success fees tied to favorable outcomes or cost savings compared to litigation alternatives.

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info@sgassociates.co.ke