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Arbitration, Mediation & Alternative Dispute Resolution
Whyte Hirschboeck Dudek S.C. is committed to a thorough understanding of each client’s mission, operations, strategic objectives and expectations, and organization. This understanding, coupled with superior service and a focus on the development of creative and effective resolutions to legal issues, serve as a natural platform for WHD's successful Arbitration, Mediation & Alternative Dispute Resolution Team.

In a number of matters, our clients may be best served by taking a case to trial. However, increased client concerns about litigation costs and the achievement of short and long-term strategic objectives, make the use of dispute resolution not only attractive, but also necessary as a means to manage conflict or resolve formal grievances and litigation.

On an ongoing basis, our attorneys dialogue with clients to determine the method that will be most beneficial for the resolution of disputes or legal claims. The principal advantage in the use of dispute resolution options, such as mediation or arbitration, is that they offer the necessary flexibility to achieve mutually acceptable and cost effective resolutions not otherwise available through traditional litigation. Dispute resolution also provides clients the additional advantages of a confidential setting in which to resolve a dispute, and a time frame to address issues that meets the needs of the parties, as opposed to deadlines imposed by courts.

Our attorneys’ broad experience in the representation of clients during complex and sophisticated litigation means that they also have developed corresponding familiarity with various models of dispute resolution, such as mediation, arbitration, mini trials, and the like. Such forms of dispute resolution have, for example, successfully been used to address disputes related to:
  • Contracts
  • Construction
  • Corporate and Transactional Matters
  • Education Law – Related Matters (K12 and Higher Education)
  • Family Law
  • Franchise Relationships
  • Insurance Coverage and Claims
  • Joint Ventures

Representative Engagements

In the representation of clients, our attorneys have:
  • Handled more than $100 million of contested general commercial matters as party representative or arbitrator, covering M&A disputes, closely held business dissolutions, fiduciary duties, real estate, natural gas distribution and UCC claims.
  • Represented a private party in arbitration recovery of more than $10 million in closed corporation dissolution and related damages.
  • Resolved (through litigation and dispute resolution procedures) many cases involving claims relating to the appropriate scope of “extras,” disputes involving theft by contractor claims and matters needing the mediation process.

Our Team

Many of our attorneys also have pursued significant training and formal, advanced degrees in dispute resolution, enabling them to serve in a neutral capacity as mediators; arbitrators; facilitators in academic or corporate settings to guide activities such as strategic planning or interest-based bargaining; conflict coaches for academic and corporate leaders; and as designers of dispute resolution systems to best serve the needs and interests of an organization.

In the areas of education law and employment/human resources, for example, our experienced dispute resolution practitioners are prepared to provide the following services:
  • Facilitation of interest-based bargaining.
  • Conflict coaching for campus leaders regarding best practices and tools to resolve and/or manage campus or workplace disputes.
  • Facilitation of administration and/or trustee/director retreats and strategic planning meetings.
  • Mediation and/or arbitration of campus or workplace disputes, or to resolve pending litigation.
  • Conflict coaching for deans/chairs, chief academic officers and promotion/tenure committees to address pre-tenure evaluations and related disputes.
  • Design of dispute resolution systems for use in corporate workplace settings or by campus constituencies.
In addition, our dispute resolution professionals have served as leaders in professional organizations and associations, such as:
  • American Arbitration Association (AAA)
  • American Bar Association (ABA)
  • Association for Conflict Resolution (ACR)
  • CPR Institute for Dispute Resolution
  • Association of Mediators
Further, our professional dispute resolution practitioners serve or have served in the following capacities:
  • Chair, Dispute Resolution Section, Seventh Circuit Court of Appeals Bar Association
  • Chair, Dispute Resolution Section, State Bar of Wisconsin
  • AAA Arbitrator for Construction and Commercial Claims
  • Milwaukee Bar Association Fee Arbitration Panelist
  • NASD and NYSE Arbitrator and Party Representative for Securities Claims
  • Mediator for Construction Claims, appointed by the Milwaukee County Circuit Court
  • Task Force Member to redesign the Milwaukee County Family Court Mediation Service, appointed by the Chief Family Judge for the Milwaukee County Circuit Court
  • Parent Coordinator for the resolution for family law disputes for Milwaukee County
  • Mediator, Facilitator, Conflict Coach and Dispute Resolution Systems Designer to address disputes which arise in the educational setting
  • Adjunct Professor for “Dispute Resolution in the Education Setting,” Marquette University Center for Dispute Resolution
Ultimately, our clients measure us by the results we achieve. We are actively committed to use our knowledge, creativity and experience to focus on the formulation of new ideas to assist clients in the attainment of their goals. The Arbitration, Mediation & Alternative Dispute Resolution Team is an integral component in that process.

Attorneys

Donald A. Daugherty Attorney Milwaukee ddaugherty@whdlaw.com
Jeffrey J. Liotta Attorney Milwaukee jliotta@whdlaw.com
Kenneth R. Nowakowski Attorney Milwaukee knowakowski@whdlaw.com
Sarah E. Thomas Pagels Attorney Milwaukee stpagels@whdlaw.com

Paralegals

Cindi M. Wittlinger Paralegal - Litigation Support Specialist Madison cwittlinger@whdlaw.com