Alternative Dispute Resolution and Neutral Services

In addition to representing clients in traditional litigation matters, many Carlton Fields attorneys offer a broad array of alternative dispute resolution and neutral (ADRN) services, including serving as mediators, arbitrators, private judges, and court-appointed neutrals (i.e., special masters). Our team of highly experienced ADRN professionals — including former judges — has extensive experience across a variety of substantive practice areas including bankruptcy, business litigation, construction, consumer litigation, labor and employment, insurance, intellectual property, personal injury, real estate, class and collective actions, product liability, and mass torts. They also have extensive experience managing and resolving complex discovery disputes in both state and federal litigation, including disputes involving electronically stored information (ESI).

Many of Carlton Fields’ ADRN professionals are leaders within the alternative dispute resolution bar, certified mediators and arbitrators, members of the Academy of Court-Appointed Neutrals (ACAN), and commercial arbitrators with the American Arbitration Association (AAA).

Mediation Services

Our experienced mediators facilitate constructive dialogue to help parties reach amicable resolutions outside of the courtroom. Using a tailored approach, we leverage deep litigation experience and industry knowledge to efficiently resolve disputes. Our mediators have substantial experience conducting mediations involving multiple parties, including complex business and construction disputes. They are also available to mediate discovery disputes or other issues that are not fully case-dispositive. With several certified mediators and former judges on our team, we ensure that every mediation receives the level of focused attention and creative problem-solving necessary to achieve mutually acceptable outcomes.

Arbitration Services

Our qualified arbitrators preside over disputes across a broad range of industries and cases involving complex legal and factual issues. Our arbitrators have particular experience in high-stakes insurance coverage, business, real estate, and securities disputes.

Private Judging and Voluntary Trial Resolution

Our former judges and experienced attorneys provide private judging and voluntary trial resolution (VTR) services, offering parties a streamlined and efficient alternative to the traditional court system. Our private judges are highly skilled in managing complex disputes, particularly those involving multiple parties, extensive discovery, highly technical issues, or specialized areas of law. With flexible scheduling, our private judges offer greater availability, accessibility, and faster resolution than most public courts.

Mock Trial Bench

We offer comprehensive mock trial services that provide valuable insights by simulating real courtroom settings presided over by former trial judges and highly experienced trial lawyers, supported by third-party jury consultants. In addition to full mock bench and jury trials, we offer simulated oral arguments on motions to dismiss, class certification, summary judgment, exclusion of expert testimony, case-dispositive sanctions, and other critical motion practice. This allows clients to test strategies, refine arguments, and evaluate potential outcomes, ensuring they are fully prepared for oral argument or trial.

Court-Appointed Neutrals

Carlton Fields attorneys serve as court-appointed neutrals, also known as masters or special masters, appointed by state and federal courts to oversee or make recommendations on a wide variety of pretrial matters, including discovery, electronic discovery, forensic examinations, privilege reviews, and class action settlement notice and claims administration.