Dispute Resolution

Exploring Alternatives To Litigation For Resolving Disputes

Introduction

This website is intended to encourage good advocacy in negotiation (whether in mediation or otherwise).  We believe good negotiation and mediation advocacy skills differ significantly from those we use to advocate before a judge or jury.  To some lesser extent advocacy in arbitration likewise differs from the advocacy skills most lawyers use in a courtroom. We believe that recognition of the differences is the most important step toward an improvement of outcomes in all forms of alternative dispute resolution. We do not have all the answers but this recognition is also important in the growth of our skills.

After several hundred negotiations, mediations, and arbitrations we have discovered a lot of important questions, a few of the answers, and created this website to inspire a dialogue in the hope that we can help our clients and yours reach better resolutions.  The website is currently centered on our Alternative Dispute Resolution blog and resource pages for specific forms, rules, and reading materials but an interactive forum is coming soon. In the meantime, if you have something to share add a comment or better yet send us a guest blog post.  We also would not object if this page inspires you to seek our services as a neutral to help you resolve your disputes.

To learn more about our services scroll down this page.  To explore our articles and blog or to find forms, use the menu at the top of this page.

Bob Meynardie

Bob Meynardie is a business and construction trial lawyer with more than 25 years experience as an advocate for businesses and individuals in civil court and arbitration.

Since 2000, Bob has been a certified mediator and a sought after neutral in arbitration and mediation.  This website is an outgrowth of Bob’s continuing study of the art and science of negotiation and improving outcomes in alternative dispute resolution settings.

What We Do

Services

Mr. Meynardie balances a full-time litigation practice with the services he provides as an active neutral.  His litigation practice is focused on business  and commercial disputes, with a heavy emphasis on the construction industry.  His construction cases have included defective design and construction, delays and lost productivity, and disputes over contract scope of work.  His commercial cases include trade secrets, non-compete and non-disclosure agreements, and business ownership disputes. 

Mr. Meynardie is a sought after speaker on mediation, as well as construction law and trade secret law.

Mediation

Mr. Meynardie has served as a neutral settlement conference facilitator (mediator) in several hundred civil case disputes since he was certified by the Dispute Resolution Commission is 2000. The Rules governing mediated settlement conferences do not permit mediators to provide evaluative services but mediations outside that context may include elements of neutral evaluation.

Mr. Meynardie is trained in facilitative mediation but also incorporates elements of narrative mediation in his practice.  In addition, he believes that the potential for dispute resolution is enhanced by the pre-mediation proactive involvement of a neutral.  Mr. Meynardie strongly believes that application of the principals of Guided Choice Mediation can significantly improve outcomes.

Arbitration

Mr. Meynardie has been a member of the American Arbitration Association’s construction and commercial panels since 2013.  He has served as a single arbitrator and member of panels for arbitrations administered by AAA and for privately administered arbitrations.

Mr. Meynardie believes that arbitration is a valuable alternative to civil litigation if it is administered properly.  The primary advantages are the engagement of a knowledgeable neutral, speed and finality of judgment, and cost.  Many of these benefits are lost when litigants insist upon full scale discovery and motions practice.  As a neutral, Mr. Meynardie assists the litigants in streamlining discovery and speedy resolution.

Civil Collaborative Law

Mr. Meynardie is a trained civil collaborative lawyer and a member of the North Carolina Civil Collaborative Law Association (“NCCCLA”).  As described by NCCCLA, the collaborative law process is a “streamlined conflict resolution option that saves time, money and stress. It avoids litigation and instead involves a series of five or six round-table meetings between the parties and their collaboratively trained lawyers.

There are no court filings, depositions, or hearings. The parties craft their own rules for protecting shared information, thus preserving privacy. Resolution moves at a pace that matches the needs of the parties, typically in a matter of weeks and at a fraction of the cost of traditional litigation.”

Neutral Evaluation

The North Carolina rules for Neutral Evaluation define it as “an informal, abbreviated presentation of facts and issues by the parties to an evaluator at an early stage of the case. The neutral evaluator is responsible for evaluating the strengths and weaknesses of the case, providing candid assessment of liability, settlement value and a dollar value or range of potential awards if the case proceeds to trial. The evaluator is also responsible for identifying areas of agreement and disagreement and suggesting necessary and appropriate discovery.”

In his practice, Mr. Meynardie has provided neutral evaluations as a substitute or complement to mediation in both commercial and construction disputes.  

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