Arbitration and Mediation

Taft’s Arbitration and Mediation practice represents clients in arbitration, mediation, and other alternative dispute resolution (ADR) proceedings throughout the United States. We have extensive experience handling all phases of complex and demanding commercial disputes, including drafting arbitration clauses, developing dispute resolution strategies, and conducting arbitration and mediation hearings. Our team emphasizes resolving matters efficiently outside of the courtroom, leveraging both binding and non-binding arbitration, mediation, neutral case evaluation, conciliation, and negotiation. We have a strong record of accomplishment in delivering a full range of creative solutions to the challenges our clients face.

Taft’s advantage in arbitration and mediation lies in the team’s subject-matter experience. Rather than generalists, Taft’s team includes neutrals who bring hands-on experience in the specific areas of dispute, including commercial real estate, intellectual property, insurance, technology and software, M&A post-closing indemnification, and commercial torts.

Recent Experience as Counsel in Arbitrations

• Successfully represented a supply-chain software consulting company in a breach of contract action and in defense of a seven-figure breach of contract counterclaim in an arbitration before the American Arbitration Association.
• Represented a public company in obtaining judgment in an arbitration in Ohio against cooperative on supply agreements.
• Served as litigation counsel in litigation in the E.D. of Texas and related arbitration before the American Arbitration Association regarding a software patent.
• Represented a large biotechnology company in a number of private employment arbitration matters involving employment discrimination claims and whistleblower actions.
• Represented a natural gas company in several labor arbitrations alleging unfair labor practices and breach of collective bargaining agreement.
• Served as arbitration counsel for defendant before the American Arbitration Association in a $70 million breach of coal supply contract claim.
• Served as arbitration counsel for plaintiff in a multimillion-dollar breach of contract claim in the U.S. District Court for the Western District of Kentucky.
• Successfully represented a defense contractor in a breach of contract action and in defense of a nine-figure breach of contract counterclaim in an arbitration before the American Arbitration Association and International Centre for Dispute Resolution.
• Represented a construction products supplier and manufacturer in obtaining a favorable arbitration decision in a shareholder dispute in Washington, D.C.
• Obtained the vacating of a multimillion-dollar arbitration award sought to be confirmed against a consumer financial services company after prior counsel failed to object within the prescribed timeframe under the Federal Aviation Act. After a petition to vacate was filed and an evidentiary hearing was held, the award was set aside and attorneys’ fees were ultimately entered against opposing counsel.
• Represented a large printing company in an arbitration hearing against an international printing equipment supplier for misrepresentations and breach of contract. A favorable settlement was reached on the client’s behalf two weeks into the arbitration hearing.
• Successfully compelled arbitration and defended a major point-of-sale software developer in the arbitration against fraudulent inducement and breach of contract claims relating to an asset purchase agreement. The claimant’s request for reversion of software rights was denied and the claimant was granted a fraction of the damages claimed.

Recent Experience as Arbitrators

• Served as chair of an arbitration panel regarding claims of a post-acquisition payout.
• Served as a member of an ICC Arbitration panel regarding a dispute between two joint venture partners.
• Served as a solo arbitrator in a matter involving management fees pursuant to an acquisition agreement.
• Served as an arbitrator in an appeal of AAA award under the AAA Appellate Rules.
• Served as an arbitrator in several arbitrations involving issues arising from the departure of a partner from a law firm.
• Served as chair of an arbitration panel regarding disputes between owner and design-builder arising out of a garbage to energy facility.
• Served as chair of an arbitration panel regarding claims of individuals against an accounting firm for fraud and malpractice arising out of promotion of tax shelters subsequently disallowed by the IRS.
• Served on an arbitration panel regarding claims between a design-builder contractor and its subcontractor arising out of a dredging and cap project on Lake Superior.
• Served on three arbitration panels regarding claims between a health care insurer and a servicing agent that processed these claims.