Stites & Harbison, PLLC

The firm's attorneys mediate and arbitrate all types of disputes. Ten of the firm's attorneys completed training or certification in mediation, and eight completed training or certification in arbitration. The New York City-based CPR Institute for Dispute Resolution has named three Stites & Harbison attorneys to its Panel of Neutrals, and three received training from the CPR Institute in mediation. In addition, many others have received training in ADR by the American Arbitration Association, the Atlanta Justice Center or the Mediation Center of Kentucky and regularly serve as arbitrators and mediators.

The majority of litigation results in a negotiated settlement and we are experienced and well-equipped to achieve the best possible results for our clients.  We have settled by alternative dispute resolution hundreds of millions of dollars in claims. In one of these recent cases, Stites & Harbison helped achieve a mediated settlement of $12 million in favor of the firm's client.

In our experience, mediation and other forms of alternative dispute resolution are often successful in terminating litigation on terms acceptable to both parties. Mediation or alternative dispute resolution forces plaintiffs to realistically assess their case and come face-to-face with its weaknesses. Without mediation or alternative dispute resolution, this might not happen until the eve of trial.

In cases involving complex engineering or scientific principles, we have sometimes used a non-lawyer neutral in direct interface with experts retained by the adverse parties. Sometimes we do this without lawyers present; sometimes we have lawyers present but only for the purpose of observing to ensure the fairness of the process. We have noted how much time can be saved and how many technical issues can be resolved in this manner. Mediations or arbitrations are substantially shortened and the issues narrowed more quickly.

Examples of complex cases which we successfully resolved by ADR include:

• A construction mold case involving $25 million in damage to a hotel in Charleston, S.C. Large amounts of water infiltrated the building within a year of its completion. Essentially, the entire building from the concrete structure out had to be torn down and rebuilt. Engineering issues concerned whether this was a result of construction errors in the masonry system or design errors by the HVAC engineer inducing negative pressures and exacerbated by the humidity of the South Carolina summer. Ground-breaking scientific approaches to proof were developed in this case.
• A case involving the chemistry of flu gases generated in a coal-burning power plant and the metallurgy of a very rarely-used grade of stainless steel that was specified for construction of a scrubber tower. This was a $40 million case. We represented an international engineering and construction company that was the world's leading builder of power plants. On the other side was the last U.S. manufacturer of boilers used in power plants. Each of these companies needed the other in order to maintain its market going forward. The ADR, which followed months of aggressive litigation, was structured totally around future business arrangements between the parties.