Mediation, Arbitration, and Expert Witness Services
McPharlin Sprinkles & Thomas' most experienced attorneys are trained in alternative dispute resolution and are frequently called upon by other attorneys and their clients, as well as by the state, federal and appellate courts, to provide services as neutrals: to mediate and settle disputes, to decide disputes through arbitration, or to act as expert witnesses.
In mediation, with their longtime, specialized experience, McPharlin Sprinkles & Thomas mediators can both facilitate negotiations between disputants and assist the parties in case evaluation and risk assessment. In arbitration settings, the extensive experience of McPharlin Sprinkles and Thomas attorneys (who have represented both employers and employees, lessors and lessees, creditors and debtors, buyers and sellers), and their overriding sense of fairness, bode well for sound decisions. Some matters recently handled:
Employment Law Mediation/Arbitration
- Arbitration of a sexual harassment claim by a salesperson against the CEO of the company; she claimed ongoing harassment after she ended their personal relationship (binding decision)
- Mediation and resolution of an employee's disability discrimination claim; her work-related back injury caused her to leave her job and she claimed the company had failed to reasonably accommodate her disability
- Mediated and resolved a case on appeal: defendant law firm had lost a discrimination case at trial and was appealing on the basis of improper jury instructions
Real Estate/Business Law Mediation/Arbitration
- Arbitrated several landlord/ tenant disputes
- Arbitrated implied partnership claim
- Arbitrated purchaser's claims of seller failure to disclose in real estate transaction
- Mediated and resolved property division disputes between former spouses in dissolution case involving several attorneys; acting as continuing arbitrator as new disputes arise
Bankruptcy Law Mediation
- Court-appointed bankruptcy dispute resolution advocate
Expert Witness Services
- Conducted an independent investigation of sexual harassment claims at a high tech company and testified at trial, giving an expert opinion of the reasonableness of the company's actions
- Engaged as an expert to testify regarding the kinds of severance packages normally given to departing executives at Silicon Valley companies (having handled more than 1000 such arrangements, representing both companies and executives)
- Acted as an expert in a broker malpractice action
- Evaluated attorney advice regarding loan assumption
- Offered expert testimony regarding lease/option agreement