Litigation & Appeals

Arbitration, Mediation & Alternative Dispute Resolution

Stites & Harbison has a wealth of ADR experience conducting ADR sessions as either mediators or arbitrators, and in advocating on behalf of clients in the ADR setting. The firm's attorneys mediate and arbitrate all types of disputes. Ten of our firm's attorneys completed training or certification in mediation, and eight completed training or certification in arbitration. The New York City-based CPR International Institute for Conflict Prevention & Resolution has named three Stites & Harbison attorneys to its Panel of Neutrals. In addition, many others have received training in ADR by the American Arbitration Association, the Atlanta Justice Center, or the Mediation Center of Kentucky and regularly serve as arbitrators and mediators.

As advocates, we understand that the majority of litigation results in a negotiated settlement. We are experienced and well-equipped to achieve the best settlement results possible for our clients. We have settled hundreds of millions of dollars in claims by alternative dispute resolution. In one recent case, Stites & Harbison helped achieve a mediated settlement of $12 million in favor of the firm's client.

In our experience, mediation and other forms of alternative dispute resolution often succeed in terminating litigation on terms acceptable to both parties. Mediation or ADR forces a plaintiff to realistically assess a case and come face-to-face with its weaknesses. Otherwise, this might not happen until the eve of trial.

In cases involving complex engineering or scientific principles, we have sometimes used a “non-lawyer neutral” in direct interface with experts retained by the adverse parties. Sometimes we do this without lawyers present; sometimes we have lawyers present, but only for the purpose of observing to ensure the fairness of the process. We have noted how much time can be saved and how many technical issues can be resolved in this manner. Mediations or arbitrations are substantially shortened, and the issues narrowed more quickly.

Examples of complex cases we successfully resolved by ADR include:

  • A construction mold case involving $25 million in damage to a hotel in Charleston, S.C. Large amounts of water infiltrated the building within a year of its completion. Essentially, the entire building from the concrete structure out had to be torn down and rebuilt. Engineering issues concerned whether this was a result of construction errors in the masonry system, or design errors by the HVAC engineer inducing negative pressures and exacerbated by the humidity of the South Carolina summer. Ground-breaking scientific approaches to proof were developed in this case.
  • A $40 million case involving the chemistry of flu gases generated in a coal-burning power plant, and the metallurgy of a very rarely-used grade of stainless steel that was specified for construction of a scrubber tower. We represented an international engineering and construction company that was the world's leading builder of power plants. On the other side was the last U.S. manufacturer of boilers used in power plants. Each of these companies needed the other in order to maintain its market going forward. The ADR, which followed months of aggressive litigation, was structured totally around future business arrangements between the parties.
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Events

Construction Law Institute 2022

Date: 10/20/22
Time: 7:45 a.m. - 4:05 p.m.

Embassy Suites, 1801 Newtown Pike, Lexington, Kentucky

Construction attorney Bill Geisen is the Planning Committee Chair and Steven Henderson is a speaker at the 2022 Construction Law Institute to be held October 20, 2022 in Lexington, Kentucky.

William G. Geisen and Steven M. Henderson August 11, 2022
Press Releases

Greg Smith Earns 2022 Best of the Bar Honor

NASHVILLE, Tenn.—The Nashville Business Journal recently honored Stites & Harbison, PLLC attorney Greg Smith with the 2022 Best of the Bar award in the areas of executive and family law. He has earned the Best of the Bar award eight times.

by Stites & Harbison, PLLC July 15, 2022
Events

Driving Diversity in Law & Leadership: Atlanta

Date: 9/14/22
Time: 8:50 a.m. - 5:00 p.m.

Atlanta, GA (Venue TBA)

Atlanta office attorney Shannon Sprinkle will be a speaker at this event held in Atlanta on September 14, 2022

Shannon M. Sprinkle June 27, 2022
Press Releases

Tennessee Bar Association Appoints Ross Hutchison to Construction Section’s Executive Committee

NASHVILLE, Tenn.—The Tennessee Bar Association’s (TBA’s) Construction Law Section recently appointed Stites & Harbison, PLLC attorney J. Ross Hutchison to its Executive Committee.

by Stites & Harbison, PLLC June 15, 2022
Press Releases

Stites & Harbison Attorneys Honored by 2022 Georgia Super Lawyers

ATLANTA—The 2022 edition of Georgia Super Lawyers recently honored four Stites & Harbison, PLLC attorneys based in the firm’s Atlanta office. Of special note, Joe Kingma was named to the Top 100 Georgia Lawyers list for the fifth time.

by Stites & Harbison, PLLC June 01, 2022
Press Releases

Rebecca Sherman Awarded 2022 ABA Forum on Construction Law Diversity Fellowship

LEXINGTON, Ky.—The American Bar Association (ABA) Forum on Construction Law has selected Stites & Harbison, PLLC attorney Rebecca M.W. Sherman for its 2022 Diversity Fellowship. Sherman is one of six nationwide honorees to receive the three-year fellowship.

by Stites & Harbison, PLLC May 12, 2022
Events

SHRM-Atlanta Legal Summit

Date: 5/12/22
Time: 8:45 a.m. - 12:30 p.m.

Virtual Event

Atlanta attorney Shannon Sprinkle will be a speaker at this Legal SHRM-Atlanta Legal Summit on May 12, 2022.

Shannon M. Sprinkle April 25, 2022
Events

Professionalism, Ethics and Malpractice

Date: 4/28/22
Time: 8:00 a.m. - 12:00 p.m.

Livestream or In-Person at State Bar of Georgia, Bar Center, 104 Marietta Street NW, Atlanta, Georgia

Atlanta office attorney Shannon Sprinkle will be a presenter at this State Bar of Georgia Institute of Continuing Legal Education seminar on April 28, 2022.

Shannon M. Sprinkle April 12, 2022
Press Releases

Marjorie Farris Named as 2022 Business Women First Enterprising Women Award Honoree

LOUISVILLE, Ky.—Louisville Business First has named Stites & Harbison, PLLC Chair Marjorie A. Farris as a recipient of its 2022 Business Women First Enterprising Women Awards.

by Stites & Harbison, PLLC April 01, 2022
Events

2022 Corporate Counsel Training Academy

Date: 4/6/22
Time: 12:30 p.m. - 6:30 p.m.

The Ritz-Carlton, Chicago, Illinois

Whitney Watt will be the Moderator for one of the sessions of this Corporate Counsel Training Academy in Chicago on April 6, 2022.

Whitney Frazier Watt March 31, 2022
Press Releases

Bill Geisen Elected to American College of Construction Lawyers Board of Governors

COVINGTON, Ky.—The American College of Construction Lawyers (ACCL) has elected Stites & Harbison, PLLC attorney Bill Geisen to its Board of Governors. He will serve a three-year term.

by Stites & Harbison, PLLC March 10, 2022
Press Releases

Stites & Harbison Welcomes Drake Staples

LEXINGTON, Ky.—Stites & Harbison, PLLC welcomes attorney Drake W. Staples to the firm’s Lexington, Ky., office. He joins the Construction Service Group.

by Stites & Harbison, PLLC February 09, 2022
Press Releases

Morgan Ward Appointed to Kentucky Personnel Board

LOUISVILLE, Ky.—Governor Andy Beshear has appointed Stites & Harbison, PLLC attorney T. Morgan Ward, Jr. to the Kentucky Personnel Board. Ward’s term will end in January 2026.

by Stites & Harbison, PLLC January 28, 2022
Press Releases

Greg Parsons to be Inducted as Fellow of American College of Construction Lawyers

LEXINGTON, Ky.—Stites & Harbison, PLLC attorney Greg Parsons will be inducted as a Fellow of the American College of Construction Lawyers (ACCL) on February 26, 2022, at the Annual Meeting in Laguna Beach, Calif. ACCL, one of the nation’s leading legal associations, only designates the top 1% of the construction bar in the U.S. with this honor.

by Stites & Harbison, PLLC December 21, 2021
Press Releases

Stites & Harbison Welcomes J. Ross Hutchison to the Nashville office

NASHVILLE, Tenn.—Stites & Harbison, PLLC welcomes attorney J. Ross Hutchison to the firm’s Nashville, Tenn., office. He joins the Construction Service Group as a Member (Partner).

by Stites & Harbison, PLLC October 29, 2021
Events

2021 Kentucky Association of Health Care Facilities (KAHCF) Annual Meeting and Expo

Date: 11/9/21 - 11/11/21

Galt House Hotel & Suites, 140 North Fourth Street, Louisville, KY 40202

Stites & Harbison is a sponsor and Louisville office attorney Matt Breetz will be a presenter at the KAHCF Annual Meeting and Expo in Louisville November 9-11, 2021.

Matthew W. Breetz October 22, 2021
Press Releases

Fayette County Bar Association Names Rebecca Sherman as Outstanding Young Lawyer for 2021

LEXINGTON, Ky.—The Fayette County Bar Association has recognized Stites & Harbison, PLLC attorney Rebecca M.W. Sherman with its Outstanding Young Lawyer Award for 2021.

by Stites & Harbison, PLLC October 04, 2021
Events

Fall 2021 National Legal Malpractice Conference

Date: 9/22/21 - 9/24/21

JW Marriott Nashville, 201 8th Avenue South, Nashville, Tennessee 37203

Louisville office attorney Matt Breetz will be moderating a panel discussion on Case Law Updates on September 23rd in Nashville TN at this conference.

Matthew W. Breetz September 17, 2021
Events

2021 Women in Litigation Joint CLE Conference

Date: 11/17/21 - 11/19/21

Boston Park Plaza, 50 Park Plaza at Arlington Street, Boston, MA 02116-39014

Louisville office attorney Whitney Watt will be a member of the panel for a presentation at this ABA Conference in Boston, Mass., November 17-19, 2021.

Whitney Frazier Watt September 17, 2021