Practice Area
Arbitration, Mediation and ADR
Stephen Nault advises on arbitration clauses, demand strategy, pre-hearing positioning, negotiated resolution, and business dispute pathways where a practical resolution matters as much as a legal one.
Resolution strategy should match the actual leverage, forum, and business objective.
Who this is for
- Businesses and owners facing contract clauses that require arbitration or another structured dispute path.
- Clients who want a realistic view of settlement leverage before formal proceedings consume time and capital.
- Parties who need counsel comfortable with both negotiation and the possibility of hard-edged formal action.
Common problems
- Contracts with arbitration provisions that change cost, timing, and discovery leverage.
- Disputes where the parties need structure without immediately filing in court.
- Settlement discussions that have stalled because the matter has not been framed clearly.
- Cases where the client needs a business-first resolution strategy rather than reflexive escalation.
- Multi-party disputes involving owners, brokers, vendors, or managers with overlapping responsibilities.
How I approach it
The strategy work looks at contract language, forum mechanics, evidence, business consequences, and leverage. Sometimes the right answer is structured negotiation. Sometimes the client needs a firmer arbitration posture with litigation-grade preparation behind it.
Common mistakes
- Ignoring dispute resolution clauses until the fight is already underway.
- Assuming arbitration is always faster, cheaper, or less risky than court.
- Taking extreme settlement positions before the actual leverage is understood.
- Separating business objectives from procedural choices.
If this describes your situation
The intake form takes about three minutes. You'll hear back within one business day if the matter is a fit.
Common questions
Do you only handle arbitration after a demand is filed?
No. Clause review, forum planning, and strategy analysis often add more value before the dispute is formally launched.
Can you help with settlement strategy even if arbitration is possible?
Yes. Effective dispute resolution usually depends on understanding both the settlement path and the credible escalation path behind it.
What if the contract is unclear about dispute resolution?
That issue itself can shape leverage. The first step is to read the agreement carefully and decide whether the forum question should be clarified, contested, or used strategically.
Focused practice pages
Short, intent-matched intake pages on specific issues within this area:
Related Reading
Articles on this topic.
If any of this sounds like your situation
The intake is structured and short — name, contact, opposing party, brief description. You'll hear back within one business day.