Business Alternative Dispute Resolution
Resolution—on purpose. Bayard’s Business ADR practice is instrumental in helping parties resolve complex problems quickly with the utmost respect and professionalism extended to all involved. We focus on complex commercial and intellectual property disputes, corporate governance and fiduciary issues, high-stakes employment and executive matters, and government/regulatory conflicts. Our personal services group also offers family law alternative dispute resolution.
Courts and parties have appointed Bayard attorneys to serve as Special Magistrates or Special Masters for discovery and other pre-trial matters in actions pending before the United States District Court for the District of Delaware, the Delaware Court of Chancery, and the Complex Commercial Litigation Division of the Delaware Superior Court. In addition, Bayard attorneys are frequently selected as Discovery Facilitators to assist parties in reaching consensual resolutions of discovery disputes in complex matters.
Venues and rhythms matter. Bayard Business ADR can handle matters nationwide—from Delaware (Chancery-style issues and CCLD), the District of Delaware, Maryland/DC courts, and the E.D. Va. “Rocket Docket” to state and federal courts across the United States, arbitrations, and virtual proceedings. We adapt our approach to each forum’s rules, culture, and pace to create momentum. We are available everywhere and anywhere we can be helpful.
What we do?
- Mediation. Settlement-focused facilitation for business, tech/IP, and complex civil cases—pre-suit, early stage, eve-of-trial, or on appeal.
- Early Neutral Evaluation (ENE). A concise, reality-testing assessment from an experienced neutral to unlock stalled negotiations.
- Settlement Conferences. Judge-style, agenda-driven sessions tailored to the posture of the case and the decision-makers at the table.
- Neutral Case Management. Targeted help on discovery spats, privilege and ESI protocols, and special-master-style assignments by party agreement.
- Conflict Systems Design. For companies, nonprofits, and schools that want fewer disputes and faster exits when conflict hits.
Our method (new—and it works)
- Prep that matters. A short intake with both sides; optional joint planning call; confidential briefs focused on issues, risk bands, and must-haves.
- Day-of structure with flex
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