Alternative Dispute Resolution

Counselor Advocates

Whether contractually required or selected to supplement or replace traditional litigation, alternative dispute resolution can be an economical and efficient way to resolve disputes. Considered leaders in the field, Kramon & Graham lawyers have an exceptional record of ADR successes. Our team is comprised of attorneys with deep experience representing clients in a variety of ADR proceedings, including private mediations, court-ordered settlement conferences, and arbitrations before the American Arbitration Association, the International Centre for Dispute Resolution, JAMS, and other ADR organizations.

We work closely with our clients to understand their goals and determine the best dispute resolution process for each particular matter. When favorable to our client, we will recommend ADR as an effective way to achieve their specific objectives. The benefits of ADR can be substantial, particularly in matters involving complex financial issues. ADR offers parties privacy, flexibility, and an opportunity to reach a negotiated outcome without the expense and risk associated with traditional litigation.

We recognize that success lies not only in attaining the desired outcome, but also in obtaining maximum enforceability of the decision. Our transactional lawyers anticipate the potential for disputes and counsel clients during deal negotiations and contract drafting about whether arbitration and mediation clauses are desirable given the particular contours of a transaction.

Our ADR team efficiently manages the range of complex and routine conflicts that inevitably arise in any type of business, including finance, construction, real estate, insurance and reinsurance, gaming, manufacturing, pharmaceutical, and IT.

Neutral Services

In addition to advocacy, many of our attorneys also serve as neutral facilitators, mediators, and arbitrators. Nationally known for successfully handling high-profile litigation matters, our neutrals are sophisticated, experienced, and highly respected trial lawyers. Through decades of experience, they have developed a depth of knowledge in a variety of subject areas. They are regularly referred and retained for their ability to quickly focus on key issues and work efficiently and effectively to bring disputing parties to an equitable resolution. Many of our lawyers serve on arbitration panels with former judges and other distinguished attorneys. Several of our attorneys are specially qualified to serve as court-appointed mediators for the Maryland circuit courts.

Two of our attorneys are members of ADR Maryland, a nonprofit service that offers an alternative process for the resolution of complex civil cases. Andrew Jay Graham, co-founder of Kramon & Graham, is a founding member of the organization. Recognized as an authority in ADR, Kramon & Graham has been selected by the legal publisher Thomson Reuters to serve as the exclusive contributor to its ADR-Maryland Practical Law series.

Representative Matters

Arbitration: Successfully represented the seller of two nursing homes in litigation against the buyer. The Arbitrator ruled in the seller's favor, holding that the seller was not liable to the buyer, and awarded the seller attorneys' fees and costs incurred in the arbitration.

Arbitration: Successfully defended a group of accountants against claim, by their former accounting firm, for money damages under non-competition agreement.

Arbitration: Successfully represented two foreign institutions in obtaining a multi-million dollar arbitration award that involved payment defaults of underlying international trade-credit transactions for the sale of goods and products into a foreign country.

Arbitration: Successfully defended a law firm and its management against claims by a former partner of fraud and breach of contract. The arbitrator found no fraud and awarded the claimant less than 10% of his claimed contractual damages.

Arbitration: Successfully arbitrated a dispute before the Financial Industry Regulatory Authority and secured an award of $250,000 in damages, $25,000 in punitive damages, plus pre-judgment interest and filing fees for their clients. The arbitration panel found that a financial advisor had failed to disclose material facts to our clients. The financial advisor challenged the award of punitive damages in the circuit court and later in the Court of Special Appeals. The Court of Special Appeals issued a reported opinion affirming the arbitration panel's award of punitive damages.

Arbitration: Represented an EIFS/Stucco subcontractor in an arbitration filed against a general contractor and project owner. The owner alleged that it was not obligated to pay the subcontractor because the building had water-intrusion problems caused, allegedly, by the improper installation of the exterior stucco system. The arbitrator rejected that defense, and issued a monetary award in favor of the firm's client.

Neutral: Mediator of a dispute between a major health insurer and a large provider regarding the provider's participation in the insurer's network and the conditions for and calculation of payments for the medical supplies and equipment provided by the provider.