Mediation and Arbitration
The same preparation discipline, in a hearing room or at the table.
Overview
Same Preparation, Different Forum
Mediation and arbitration are the two principal forms of alternative dispute resolution, with significant differences between them. Mediation is a non-binding settlement process facilitated by a neutral, used at various stages of litigation (pre-suit, during discovery, pre-trial, or after adverse rulings) to resolve cases through negotiation rather than adjudication. Arbitration is a binding adjudicative process before private neutrals (usually under the rules of the American Arbitration Association, JAMS, ICC, FINRA, or other arbitration providers), substituting for court litigation under contractual or statutory requirements. The two are often combined in practice: mediation may occur within an arbitration proceeding, and arbitration agreements frequently incorporate mediation requirements as a precondition to filing.
Holdsworth & Inkwell represents clients in mediation and arbitration across the firm's practice areas. Mediation work spans pre-litigation mediation under demand letter protocols, mediation during active litigation (often in response to court-ordered or contractually-required mediation), pre-trial mediation as the trial date approaches, and post-verdict mediation in matters where settlement during appeal is contemplated. Arbitration work spans commercial arbitration under AAA and JAMS rules, employment arbitration where applicable, international commercial arbitration under ICC and similar rules, and FINRA arbitration in securities-related matters. The firm's litigators bring the same preparation discipline to arbitration that they bring to court trials, with the procedural adaptations that arbitration rules require.
When You Need This
When Mediation or Arbitration Applies
Mediation and arbitration enter a matter at different points, and for different reasons. Some are set before a dispute is filed; others arise only once litigation is underway. The situations below are where clients most often recognize that moment for themselves. The firm treats the work as one continuous thread, from the first read of a matter through whatever a mediator or arbitration panel ultimately produces.
Your Contract Requires Arbitration
When the underlying agreement contains an arbitration clause, the dispute proceeds in arbitration rather than court. The firm represents clients in arbitration matters under all major rule sets (AAA, JAMS, ICC, FINRA, and others), with the procedural adaptations required by each set of rules. Arbitration is treated as substantive forum work with the same preparation discipline applied to court trials.
Mediation Is Required or Strategically Appropriate
Many courts require mediation at specified points in litigation (after the pleadings close, before summary judgment, before trial), and many contracts require mediation as a precondition to filing or arbitration. Beyond mandatory mediation, voluntary mediation can advance settlement at key decision points. The firm prepares for mediation with attention to mediator selection, mediation brief drafting, opening presentations, and negotiation strategy throughout the session.
Pre-Trial or Post-Verdict Mediation
As trial approaches or after the verdict is entered, mediation offers a settlement window that may be valuable for either side depending on the trial's projected outcome or the actual verdict. The firm represents clients in mediation at these inflection points with careful attention to the leverage that the current procedural posture creates and the alternatives if mediation does not resolve the matter.
International or Cross-Border Arbitration
International commercial arbitration under the rules of the International Chamber of Commerce (ICC), the International Centre for Dispute Resolution (ICDR), the London Court of International Arbitration (LCIA), or similar institutions raises specific procedural questions including arbitrator selection across jurisdictions, choice of substantive law, enforcement under the New York Convention, and the coordination of arbitration with parallel court proceedings in multiple countries.
Arbitration Award Enforcement or Vacatur
After an arbitration award is rendered, the proceedings shift to court for confirmation, enforcement, or potentially vacatur under the Federal Arbitration Act or state arbitration acts. The firm represents clients in post-award proceedings including motions to confirm awards, motions to vacate awards under FAA section 10, enforcement actions under the New York Convention for foreign awards, and the appellate proceedings that may follow.
Mediation of Multi-Party or Complex Disputes
Mediation of multi-party disputes (insurance coverage cases with multiple carriers, construction disputes with multiple contractors and design professionals, mass tort matters with multiple plaintiff groups) requires coordinated negotiation strategy across many participants. The firm has experience in complex mediations including the use of multiple mediation sessions, neutral evaluations, and structured negotiation frameworks for matters with substantial party counts and complex claim allocations.
Our Approach
One Discipline, Two Forums
Mediation rewards a clear read of where the other side actually stands. Arbitration asks for the same rigor a courtroom would demand. The firm treats both as serious forum work, carried by one team from first call to final resolution.
ADR Strategy and Forum Analysis
ADR engagement begins with strategic analysis. For mediation, the firm assesses the timing, the choice of mediator, the strength of the client's position, the realistic settlement range, the alternatives if mediation does not resolve the matter, and the leverage that the procedural posture creates. For arbitration, the firm assesses arbitrability questions, the applicable rule set, arbitrator selection considerations, choice of seat for the arbitration, and the coordination with any parallel court proceedings.
Mediation Preparation and Mediator Selection
Mediation preparation includes mediator selection (with attention to the mediator's subject matter expertise, dispute resolution style, and prior decisions in similar matters), mediation brief drafting, development of the negotiation strategy and target outcomes, preparation of demonstratives or other materials supporting the client's position, and preparation of decision-makers within the client organization to engage effectively in the mediation session.
Mediation Session Execution
During the mediation session, the firm's role spans opening presentations, ongoing communication with the mediator throughout caucus rounds, refinement of negotiating positions as the session develops, drafting and negotiating term sheets when settlement appears imminent, and handling the strategic decisions about when to walk away. Post-session work includes drafting and negotiating definitive settlement agreements and any related dismissal documents.
Arbitration Preparation and Pre-Hearing Practice
Arbitration preparation parallels trial preparation in many respects but with adaptations for the arbitration forum. The work includes arbitrator selection under the applicable rules, pre-hearing motion practice (motions to dismiss, summary judgment-like motions where available, motions in limine), discovery within the limits permitted by arbitration rules (typically more limited than court discovery), witness preparation, and exhibit preparation for the hearing.
Arbitration Hearing
The arbitration hearing follows a structure similar to a bench trial, with opening statements, direct and cross examination of witnesses, evidentiary practice (with relaxed rules of evidence in many arbitrations), and closing arguments or post-hearing briefs depending on the procedure adopted by the panel. The firm's litigators apply the same preparation discipline used for court trials, adapted to the arbitration forum's procedural framework.
Post-Award Proceedings
After the arbitration award is rendered, post-award work may include confirmation motions in court, motions to vacate or modify the award under the Federal Arbitration Act or state arbitration acts, enforcement actions for foreign awards under the New York Convention, and any related appellate proceedings. For mediated settlements, post-mediation work includes finalization of settlement agreements, dismissal documentation, and implementation of any continuing obligations.
Fee Structure
Scoped Before the First Session
Mediation and arbitration fees track the underlying matter's fee structure. For ongoing litigation matters where mediation or arbitration occurs as part of the dispute resolution process, the work continues under the existing fee arrangement (hourly, contingency, or hybrid). For standalone ADR engagements where the firm is engaged specifically to represent the client in arbitration or to conduct mediation strategy work, engagement letters address scope and fee structure at the outset.
For contingency matters where the underlying representation is on contingency (qui tam False Claims Act matters, wildfire matters with plaintiff representation, certain insurance recovery matters with bad-faith components), mediation and arbitration work continues under the contingency arrangement. The firm advances arbitration costs and mediation costs and recovers them from any recovery. For mediation work as part of a standalone settlement representation, hourly billing is typical for the focused preparation and session work, with the engagement letter addressing the specific terms.
Attorneys
From First Read to Final Hearing
The attorneys below represent clients in mediation and arbitration, from the first assessment of a dispute through the session or hearing itself. Each anticipates how the other side will approach the table or the panel, and carries the matter through to its close. Explore their backgrounds to see who would handle work like this for you.
Harvey Specter
Managing Partner
Jessica Pearson
Office Managing Partner, Atlanta
Vincent Gambini
Office Managing Partner, Austin
Marcus Cicero
Office Managing Partner, Denver
Diane Lockhart
Senior Counsel
Sandy Stern
Senior Counsel
Annalise Keating
Of Counsel
Patty Hewes
Partner; Chair, Wildfire Litigation Practice
Louis Litt
Partner; Chair, eDiscovery Litigation and Data Management Practice
Howard Hamlin
Partner
Alicia Florrick
Partner
Mickey Haller
Partner
Mike Ross
Senior Associate
Kim Wexler
Senior Associate
Lucca Quinn
Senior Associate
Cary Agos
Senior Associate
Rachel Zane
Associate
Maggie McPherson
Associate
Practice Areas
Where Mediation and Arbitration Apply
The choice between negotiated resolution and private adjudication turns on the dispute, not on a single area of law. Mediation and arbitration recur across many kinds of matters, each carrying its own stakes, timeline, and forum considerations. The practice areas below are where this work shows up most.
Practice Area
Commercial Litigation
Trial-tested representation for businesses navigating contract disputes, business torts, and competitive harm.
Practice Area
Wildfire Litigation
Recovery for property owners, businesses, and insurance carriers in wildfire matters involving utility negligence and federal lands.
Practice Area
Insurance Recovery
Recovery for businesses and policyholders facing denied claims, coverage disputes, and bad-faith conduct by insurance carriers.
Practice Area
False Claims Act Litigation
Whistleblower representation in qui tam actions exposing healthcare fraud, procurement fraud, and grant fraud against the government.
Practice Area
eDiscovery
Strategic management of electronically stored information in complex litigation, including preservation, review, and production.
Sectors
Industries Served
Mediation and arbitration play out differently depending on the industry behind the dispute: what the contracts say, who is watching, and what a workable resolution actually looks like. The sectors below reflect where this work has most often applied, not a claim to serve every industry equally.
Sector
Healthcare and Life Sciences
Complex litigation representation for hospital systems, healthcare providers, pharmaceutical companies, and life sciences clients.
Sector
Energy and Utilities
Litigation for utilities, energy services companies, and oil and gas operators across commercial, insurance, and regulatory disputes.
Sector
Financial Services
Litigation for banks, mortgage servicers, investment funds, and private equity sponsors across securities and fiduciary disputes.
Sector
Technology
Litigation for technology companies in commercial disputes, cross-border discovery, and electronic-evidence-intensive matters.
Sector
Manufacturing
Litigation for industrial manufacturers in supply chain disputes, trade secret matters, and product recall coverage.
Sector
Real Estate and Hospitality
Litigation representation for real estate developers, hotels and hospitality operators, restaurant groups, and commercial property owners.
Sector
Government Contractors
Litigation for federal and state contractors in False Claims Act matters, contract disputes, and parallel administrative proceedings.
Experience
Representative Matters
The matters below reflect the firm's work in mediation and arbitration, from pre-litigation sessions through arbitration hearings and post-award proceedings. Each was carried by the same team from opening to close. They illustrate how the firm approaches this work, not a forecast for the next matter.
Secured Supreme Court Ruling Resolving Circuit Split on Coverage Trigger
appellate-ruling2026GeorgiaResolved Subrogation Claims in Northern California Wildfire MDL
settlement2026CaliforniaResolved Washington Wildfire Subrogation Under Pure Comparative Framework
settlement2025WashingtonResolved Wildfire Subrogation Claims in Multi-Carrier Dispute
settlement2025ColoradoResolved Kansas Medicaid FCA Action Through Settlement
settlement2025KansasResolved Connecticut Consumer Protection Action Through Arbitration
arbitration-award2025ConnecticutDefended Utility Against Arizona Wildfire Liability Claims
settlement2025ArizonaResolved Pennsylvania Federal FCA Action Through Coordinated Settlement
settlement2025PennsylvaniaResolved Oregon Insurance Recovery Action Under Pure Comparative Framework
settlement2025OregonSecured Qui Tam Recovery Under New York False Claims Act
settlement2024New YorkResolved Massachusetts Commercial Dispute Through Mediation
mediation-resolution2024MassachusettsResolved Illinois FCA Action Through Government-Intervened Settlement
settlement2023IllinoisResolved Texas FCA Action Through Pre-Trial Settlement
settlement2023Texas
Past results do not guarantee, warrant, or predict a similar outcome in any future matter. Every engagement is unique and must be evaluated on its own facts and circumstances.
Resources
Related Insights
Mediation and arbitration reward preparation as much as advocacy, and our attorneys write about both with the same care, whether the subject is a single rule set or a full strategy question. What follows reflects that attention, drawn directly from the firm's work in mediation and arbitration.
Breaking the Mass-Arbitration Fee Trap: Defense Tactics After Wallrich, Frazier, and the AAA Rule Overhauls
Mass arbitration weaponizes up-front fees to coerce settlement. A defense framework for drafting, structuring, and litigating against coercive bulk filings after recent appellate wins.
Defending the Failure-to-Settle Claim: Managing Excess-Judgment and Bad-Faith Exposure Across Jurisdictions
Bad-faith failure-to-settle standards diverge sharply by state. A multi-jurisdictional claims-handling and litigation roadmap for carriers managing excess-judgment exposure.
The Excessive Fines Ceiling on FCA Penalties: Litigating Proportionality After Yates, Zorn, and Taylor
Per-claim FCA penalties can dwarf actual damages. A defense framework for invoking the Eighth Amendment's Excessive Fines Clause to cap disproportionate penalty exposure.
State FCA Frameworks Without a State FCA: Federal Enforcement in Pennsylvania and Similar Jurisdictions
Pennsylvania and a handful of other states operate without comprehensive state False Claims Acts. The single-track federal enforcement framework reshapes FCA defense practice in these jurisdictions.
Publications
Ongoing Series
Mediation and arbitration keep evolving, through rule changes, new arbitral decisions, and shifting judicial treatment of awards and settlements. The series below track that movement over time, each adding to an ongoing line of analysis rather than standing alone. New installments follow as the practice does.
Publication
State Procedural Updates
Cross-jurisdictional analysis of procedural and substantive framework developments across the states in which the firm practices.
Publication
False Claims Act Updates
Federal and state False Claims Act developments, including qui tam practice, public disclosure bar doctrine, and pleading specificity.
Publication
Wildfire Litigation Updates
Wildfire-related litigation, federal compensation framework developments, and utility wildfire defense across the Western United States.
FAQ
Mediation and Arbitration Questions
Mediation and arbitration raise procedural questions that differ from a matter headed toward trial: how a neutral is selected, what a hearing or session actually involves, how costs are structured. The questions below are the ones people considering this service ask most often, answered before you need to ask them yourself.
The firm represents clients in mediation and arbitration as alternatives or supplements to traditional litigation. Mediation work includes pre-litigation mediation to resolve disputes before formal complaints are filed, court-ordered mediation during active litigation, and private mediation in commercial disputes with significant exposure. Arbitration work covers commercial arbitration under American Arbitration Association, JAMS, and similar institutional rules; industry-specific arbitration including FINRA proceedings; consumer arbitration enforcement; and arbitration award confirmation and challenge proceedings. The firm has resolved a Massachusetts commercial dispute through mediation and a Connecticut consumer protection action through arbitration, demonstrating capability across both alternative dispute resolution forms.
The firm's wildfire litigation practice represents utilities and other defendants in subrogation actions arising from major wildfire events in California, Arizona, Colorado, New Mexico, and other western states. The practice addresses the full spectrum of utility wildfire defense, from inverse condemnation defense and pre-suit preservation planning through MDL coordination, expert development, and trial. The firm has handled subrogation matters involving multiple insurance carriers, multi-billion-dollar exposure, and complex coordination with co-defendants and aligned utilities. The practice is chaired by Patty Hewes and draws on attorneys across the firm's offices with substantive experience in inverse condemnation, comparative fault allocation, and federal compensation frameworks.
The firm approaches mediation as a structured opportunity to resolve a matter at a favorable stage rather than as a procedural formality. Pre-mediation work includes evaluation of the matter's strengths and exposure, identification of decision-makers and their incentives, preparation of mediation statements and supporting materials, and selection of mediators with relevant subject matter expertise and credibility with both sides. The firm has resolved commercial disputes through mediation including a Massachusetts commercial dispute where mediation produced a resolution that avoided extended litigation. Mediation strategy is coordinated with broader litigation strategy, recognizing that productive mediation often requires that both parties have reasonable visibility into their likely litigation outcomes.
The firm defends hotels, resorts, restaurants, entertainment venues, and other hospitality operators in commercial disputes ranging from contract and partnership disputes to premises liability and operational claims. Defense work has resulted in jury verdicts in favor of hospitality clients in commercial disputes, demonstrating the firm's ability to take matters through full trial when settlement is not the right outcome. Hospitality matters often involve coordination with insurance carriers under commercial general liability and hospitality-specific coverage, vendor and supply chain counterparties, and franchise or brand-relationship considerations. The firm's trial advocacy practice provides direct support for hospitality clients whose matters reach the courtroom.
Energy and utility matters frequently span multiple states and regulatory regimes. The firm's twenty-one-jurisdiction licensure footprint, combined with established pro hac vice and local counsel relationships, enables comprehensive multi-state coordination for energy and utility clients. Wildfire subrogation matters in particular often involve coordinated defense across California, Arizona, Colorado, and New Mexico, where the firm handles inverse condemnation defense, allocation analysis, and engagement with state public utility commissions. The firm also coordinates with energy industry trade groups and aligned defendants in cases with significant industry-wide implications, supporting clients through complex defense postures that require unified strategy across jurisdictions.
The firm represents parties in arbitration proceedings, arbitration award confirmation, and challenges to arbitration awards under the Federal Arbitration Act and state arbitration frameworks. Arbitration work has included defense of consumer protection actions through formal arbitration proceedings, including a matter resolved through a Connecticut consumer protection arbitration award. The firm handles arbitration matters under institutional rules including the American Arbitration Association and JAMS, and supports clients in arbitration provision enforcement, arbitration award confirmation in federal and state courts, and challenges to arbitration awards on grounds permitted under the FAA. Arbitration strategy is coordinated with the firm's commercial litigation practice to ensure consistency across forums.
Yes. The firm's insurance recovery practice represents carriers in subrogation actions, coverage disputes, bad faith defense, and recovery matters across multiple insurance lines. For financial services insurance carriers, the firm handles claims arising from insured business interruption, professional liability, commercial casualty, and wildfire subrogation matters. The firm has handled bad faith defense matters in Nevada, post-tort-reform bad faith matters in Florida following HB 837, and recovery actions in the Pacific Northwest and Mountain West. Insurance carrier engagements often involve coordination with claims teams, multiple co-defendants, and prior counsel.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Consult a licensed attorney about your specific situation.
Why Choose Us
Judgment Built for Private Forums
Mediation and arbitration reward a particular kind of judgment: reading when a settlement window is real, when a panel deserves the same preparation as a jury, and when the numbers say something worth hearing before a hearing date locks in. That judgment isn't abstract. It shows up in how a matter actually gets handled, from the first strategy call to the last post-award motion. Here is what stands behind it.
Both Sides of the Table
Most firms pick a lane and stay in it. We litigate from both sides of complex civil disputes, defending corporate and institutional clients in some matters and pursuing recovery for policyholders, relators, and property owners in others. That range is a working advantage, not a hedge. A firm that only ever defends learns one half of the board; a firm that argues both sides learns how the opposing party builds its case, prices its risk, and decides when to move. When we assess your exposure, we read it the way the other side will, because in other matters, we are the other side. Explore our @practice areas@/practice-areas@ to see where that perspective runs deepest.
Trial-Tested, Not Settlement-Default
Many firms treat trial as a failure of negotiation. We treat readiness for trial as the foundation of every strong defense. A matter that is genuinely prepared to be tried is a matter negotiated from strength, because the other side knows the threat is real. Our litigators build each case as though it will be decided by a jury, which sharpens the strategy whether the resolution ultimately comes at trial, in mediation, or on a dispositive motion. That discipline informs how we staff, how we develop the record, and how we advise you on the choices that matter. Learn how we approach @trial advocacy@/services/trial-advocacy@.
One Firm, Four Offices, One Standard
From our principal office in Sacramento to our teams in Atlanta, Denver, and Austin, Holdsworth & Inkwell operates as a single firm rather than a loose confederation of branches. A client in one region draws on the full bench of the firm, not just the attorneys nearest to them. That structure lets us assemble the right team for a matter regardless of where it sits, and it means our standards for preparation, communication, and judgment travel with the work. See our @office locations@/locations@ and the regions we serve.
Continuity from Intake to Appeal
Description: Litigation that changes hands loses memory. We build matter teams that carry a case from the first assessment through trial and, where necessary, into the appellate courts, so the strategy that shapes early decisions is the same strategy that defends them later. Our @appellate practice@/services/appellate-practice@ works alongside trial teams from the outset, framing and preserving the issues that matter before they are needed, rather than arriving after a verdict to reconstruct what was lost. That continuity protects the coherence of your defense across the full life of a dispute.
Industry-Specific Bench Strength
A defense is only as strong as its grasp of the client's world. Our attorneys bring sustained experience in the sectors where our clients operate, from energy and utilities to healthcare, financial services, government contracting, and manufacturing. That familiarity means we spend less time learning your industry on your dollar and more time applying judgment shaped by matters like yours. Browse the @industries we serve@/sectors@ to see where our experience aligns with your business.
Transparent Scoping and Staffing
Sophisticated clients deserve to know how a matter is staffed, how it is budgeted, and why. We scope engagements deliberately, communicate the reasoning behind our staffing, and keep you informed as a matter develops rather than presenting surprises at billing time. The result is a working relationship built on clarity, where you can plan around our work because you understand it. That transparency is not a courtesy we extend; it is how we think a serious defense should be run.
Depth in the Hard Cases
Some disputes are routine. The ones that bring clients to us usually are not. We have built genuine depth in the areas where the stakes and the complexity are highest, including False Claims Act and qui tam litigation, insurance coverage and recovery, catastrophic wildfire litigation, and large-scale electronic discovery. These are matters that reward sustained focus and punish improvisation, and they are where a firm built for hard problems earns its keep. Read our @insights@/resources@ for how we think about the problems at the edge of our practice.
Counsel, Not Just Litigators
The best outcome is often the dispute that never escalates. Alongside our courtroom work, we counsel clients before litigation begins, helping them assess exposure, preserve their position, and make informed decisions when a problem first surfaces. Our @pre-litigation counseling@/services/pre-litigation-counseling@ brings the same defensive judgment to the choices that precede a filing as we bring to the courtroom, because the value of a defense firm is measured as much by the disputes it helps you avoid as the ones it wins.
One team, start to finish.
Talk to Us About Your Matter
You've seen how we approach mediation and arbitration, and what it costs to get there. Tell us where your matter stands, and we'll take it from there.