Alternative Dispute Resolution

While it doesn’t involve a drug or device claim, James v. Conceptus, Inc., N. H-11-1183, 2012 U.S. Dist. LEXIS 32434 (S.D. Tex. Mar. 12, 2012), does involve a device company, sales rep, arbitration clause, and a determination that it isn’t unconscionable to send someone unwillingly to California.  That was enough to pique our interest.

Mediation is increasingly the preferred vehicle for resolving business-to-business disputes.

Sophisticated parties include mediation clauses in contracts. Even when parties haven’t agreed in advance to mediate, they often opt for mediation as a prelude, or alternative, to litigation.

Why? Because mediation avoids the expense and distraction inflicted by the discovery process. Corporate clients insist: Avoid