Arbitration and Mediation
Some disputes are best resolved through arbitration or mediation, rather than litigation. Even then, the ultimate bargaining chip is to be willing to go to trial—and able to win. Cosgrave’s skilled trial and appellate lawyers can do all of the above.
We emphasize early evaluation of disputes, working closely with our client to determine the most economical and effective way to resolve each case. Our lawyers have arbitrated and mediated cases involving all kinds of issues, such as personal injury, insurance coverage, civil appeals, corporate, real estate, product liability, and professional liability (particularly accountants, mental health care professionals, and attorneys).
Serving as Arbitrator and Mediator
Several of our attorneys serve as arbitrators through programs established by the Oregon State Bar and local courts, by private retention, and through the Arbitration Service of Portland. Thom Brown provides those arbitration services and also mediates cases for the Oregon State Bar, the Oregon Court of Appeals, the United States District Court of Oregon, the Oregon Environmental Coverage Assistance Act, and when privately retained by attorneys in Oregon and Washington.
“I noted from your bill that you had written off a portion of your time devoted to the mediation. I thought you did excellent work throughout and while I appreciate the gesture, I believe you should be paid for all of your good efforts. Again, I very much appreciate your excellent efforts on our firm’s behalf.”
“As soon as [you] started talking to the arbitrator, all I can say is that I completely relaxed and became confident and comfortable. … Everyone I have come in contact with at Cosgrave has been professional and a pleasure to work with. I’m a small business, but you always make me feel like a big client.”
Representative Experience for Clients
- Cosgrave represented a large general contractor in a $30 million construction defect suit over a condo project in Government Camp, Oregon, with 24 parties and claims of defective design, defective construction, and product liability. By being ready and able to take the case to trial, we achieved a very positive outcome for our client after only a few weeks of mediation.
- We successfully prosecuted a partnership dissolution claim related to a large commercial property complex in Portland, Oregon. The partners went into business together to acquire, construct, and manage the property. After they worked together to construct and lease it, the defendant secretly transferred title to himself and his wife, then later sold the property for a substantial profit. Upon learning of the sale, Cosgrave filed suit and conducted discovery. As we presented our client’s case during a multi-day arbitration, the defendant asked to delay further proceedings and resume settlement discussions. A settlement of nearly $900,000 was reached, all of which has now been paid to our client.
Representative Experience as Arbitrators and Mediators
Several of the firm’s attorneys have acted as arbitrators in a wide range of civil disputes, including cases – both before and after a factfinder’s resolution — involving personal injury, professional liability, insurance coverage and commercial/business issues. A substantial part of Thom Brown’s work presently involves arbitrating these types of disputes, serving as a mediator helping litigants to try and settle similar disputes before and after resolution by a factfinder, and serving as a Multnomah County Circuit Judge pro tempore handling motions for summary judgment in civil cases.
- Arbitration Service of Portland
- Clackamas Circuit Court
- Oregon Environmental Coverage Assistance Act
- Multnomah County Circuit Court
- Oregon Court of Appeals
- Oregon State Bar
- US District Court of Oregon
- Washington County Circuit Court