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I help savvy business clients settle complex issues – outside the courtroom – with Alternative Dispute Resolution.

shape
the resolution process & outcomes.

reduce
time, money, and stress.

preserve
your privacy, reputation, & relationships.

Before jumping into a trial, we can seek common ground.

Trials & Court Decisions
Alternative Dispute Resolution

Taking a dispute to court results in a decision based on formal hearings, facts, and law. That means one party may win substantially more than the other. Court can be procedurally fair without producing an outcome that both parties experience as fair.

Alternative Dispute Resolution, or ADR, is a way to resolve disputes without going to trial. It includes processes like mediation & arbitration, where a neutral third party helps the parties reach an agreement. This gives the disputing parties more flexibility to shape the process and outcomes.

My approach is modern & innovative, informed by over 45 years of experience resolving disputes both in & out of court.

innovative • collaborative • empathetic • discreet • efficient

ADR should be a key element of your business strategy...

Before disputes occur
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ADR Design/Planning
Dispute Prevention
Early Assessment

During a dispute
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Direct Negotiation
Mediation
Arbitration

After a dispute
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Retrospective Assessment
ADR Design/Planning

I offer these services:

Alternative Dispute Resolution Design is a strategic process for creating a clear, efficient path for handling potential conflicts before they escalate. When dispute-resolution options are built into a business framework, they can be aligned with the company’s business goals, risk tolerances, people, and other unique parameters. ADR Design outlines important factors such as how disputes will be handled, who will participate, and what steps & procedures will be followed. This includes choosing and organizing the right methods so that conflicts can be handled efficiently, economically, and appropriately. Potential resolution methods include:

  • proactive dispute prevention
  • early assessment of dispute factors
  • frameworks for direct negotiation with the other party
  • mediation
  • arbitration
  • retrospective assessment after a dispute is resolved

Dispute Prevention is a proactive business practice focused on identifying conflict risks early, monitoring high-risk relationships, and creating internal processes to prevent disputes from escalating. It is an important aspect of ADR design involving oversight, milestone checks, role clarity, and early-warning systems to contain issues before they become legal conflicts. Proactive measures that reduce the chance of conflict arising or escalating, include clear contracts and communication protocols.

If a dispute arises, the Early Assessment process provides a quick, front-end review of the facts, legal issues, risks, and likely outcomes. It should occur soon after the dispute begins. It is appropriate when the goal is to identify weak points early, guide settlement talks, choose the right ADR process, and avoid spending time and money on a case that may resolve quickly.

Direct Negotiation between parties is often a first step in which the parties try to resolve a dispute without the assistance of a neutral third party, before moving to more formal processes. It works best when the problem is relatively simple, both sides are willing to engage, and they want the fastest, least formal, and lowest-cost path to agreement.

Mediation is a structured yet flexible process in which a neutral third party helps the disputing parties discuss issues, test positions, and work toward a resolution before costs and conflict escalate. It is confidential and enables disputing parties to communicate more effectively and to reach their own agreement. Mediation can be used at the outset of a dispute, during litigation, or later as new facts develop. It is an appropriate option when the parties are willing to engage and want to preserve their relationship, need help communicating, and prefer to maintain control over the outcome.

Arbitration is a formal dispute resolution process in which a neutral arbitrator or a panel of arbitrators hear each side and make a decision that is often binding. While Arbitration reduces the parties’ ability to control the outcome, it is an option when the parties need a structured process with a binding outcome by a decision maker with subject-matter expertise.

Retrospective Assessment is a thorough review of a specific dispute that is done after the dispute has already unfolded. The goal is to understand root causes of the dispute and contributing factors, and to discuss options to minimize future exposure. If there is no ADR strategy in place, this evaluation may lead into a full design process to holistically address the issues and risks. If an ADR strategy had been created prior, the retrospective process is still valuable to ensure that proceedings and outcomes are aligned with the business goals.

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Richard I. Janvey​

I offer intelligent and practical strategies for Alternative Dispute Resolution that help clients maintain key relationships and meet business goals. Request a consultation using the button above.

Using an innovative process informed by decades of experience, I apply strong legal, business, and interpersonal skills to achieve durable, lasting resolutions. I work to understand the dispute within the unique business context and to identify bridging principles that move both parties forward. 

My approach to dispute resolution is informed by a deep understanding of both litigation and transactional work. I combine counseling and litigation skills to facilitate resolutions that are less costly, less contentious, and less time-consuming than traditional litigation. 

I have more than 45 years of experience in private practice and as in-house counsel, representing corporations, accounting firms, professional service firms, and individuals in litigation, arbitration, and trial matters involving significant damages, regulatory issues, and complex business disputes. I draw on my experience representing both plaintiffs and defendants, as well as my in-house background, to help parties resolve disputes pragmatically.

I have been mediating for 14 years and have handled more than 275 cases involving commercial contract disputes, accounting issues, loan agreement breaches, commercial real estate and construction matters, employment discrimination (including age and disability claims), sexual harassment, professional malpractice, civil rights, fee disputes, complex partnership and shareholder conflicts, and executive employment issues such as non-compete agreements, termination, raiding, and non-solicitation.