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Alternative Dispute Resolution

Clouse Brown’s lawyers excel in resolving disputes in a variety of settings, including court, mediation, arbitration, and proceedings before the Equal Employment Opportunity Commission (EEOC), Department of Labor, and Texas Workforce Commission.

Although we negotiate on behalf of our clients on a daily basis, Clouse Brown also represents executives and corporate clients in the more formal negotiation context of mediation. In mediation, a neutral third-party facilitates the negotiation. The mediator is not a judge, but a neutral participant whose only job is to help the parties reach a settlement. If they do not, there is no deal, and the dispute carries on. We represent clients in mediations to protect their interests, help them evaluate proposals and make counter-proposals, and optimize their ultimate result.

Three members of our team — Keith Clouse, Alyson Brown, and Emily Stout — are trained mediators. Judges and lawyers alike recognize their skill and experience by regularly appointing and selecting each of them to mediate high-stakes employment cases.

Clouse Brown also represents clients in arbitration, including matters before the Financial Industry Regulatory Authority (FINRA), the American Arbitration Association (AAA), and JAMS, the latter two being private dispute resolution organizations.

Arbitration is a well-established and widely-used means to resolve disputes. It is one of several kinds of alternative dispute resolution, which provides an alternative to litigation. Unlike litigation, arbitration takes place out of court in an informal setting. The two sides select an impartial third party, known as an arbitrator; agree in advance to comply with the arbitrator’s award; and then participate in a hearing at which both sides can present evidence and testimony. The arbitrator’s decision is usually final, and courts rarely re-examine it.

Experienced arbitrators Keith Clouse and Alyson Brown have spent more than a decade on the American Arbitration Association’s roster of neutrals for the resolution of employment law disputes. They have presided over numerous arbitration hearings, including breach of contract, non-compete/trade secret, breach of fiduciary duty, wage and hour, and discrimination/harassment cases.

Because of our recognized experience arbitrating cases, many attorneys and executives consult with Clouse Brown when faced with an upcoming arbitration hearing or when they need guidance or answers to questions concerning how to bring cases in arbitration successfully.

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