Litigation/ Dispute Resoluation

Experience is important for successful litigation, and Wilson Worley provides attorneys who have proved themselves to be effective advocates in state and federal courts, and before administrative agencies.  Our reputation for managing challenging and difficult litigation attracts frequent referrals from other law firms both inside and outside this geographic area.

Our experience includes the following:

• Personal injury and wrongful death claims;
• Workers’ Compensation;
• Medical malpractice (defense only);
• Products liability;
• Premises liability;
• Environmental issues;
• Business conflicts, including interference with contractual relations;
• Business dissolutions and reorganizations of partnerships, corporations and limited liability companies;
• Class actions;
• Construction litigation, representing owners, contractors, sub-contractors, and suppliers;
• Insurance disputes;
• Labor and employment disputes;
• Wills and estate litigation;
• Real estate disputes;
• Debt cases in all courts, including the United States Bankruptcy Court (creditors only);
• Enforcement of security interests and real estate liens by foreclosure;
• Landlord-Tenant disputes (commercial and residential).

We represent both claimants and defendants, creditors and debtors in business litigation, except in bankruptcy where our practice is exclusively for creditors.

We approach each case knowing that it may go to trial; and that preparation and innovation are important to success.  When we litigate, we litigate to win.  However, we have learned from experience that litigation is not always the best answer.  Litigation involves risks, time and expense, and a “cost-benefit” analysis is frequently appropriate.  Consequently, we may advise settlement.  When settlement is preferable, our attorneys are experienced and effective in negotiating settlement, and in alternative dispute resolution (ADR)*.

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There are two main types of ADR:  Mediation is a process utilizing a neutral third party, called a Mediator, agreed upon by the parties or appointed by a Court, who works with the parties to facilitate a negotiated settlement.  A Mediator has no authority to direct a result or to bind the parties, but a negotiated settlement agreement will be binding.  Arbitration is a process through which the parties select a neutral third party, called an Arbitrator, to hear evidence much as in court, and make a determination of the issues, called an “Award.”  The Arbitrator’s Award may be binding or non-binding, depending on the agreement of the parties.  Binding Arbitration Awards can be enforced in court.  Arbitrators are not bound by formal rules of evidence, and hearings are frequently conducted on an expedited basis.

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Settlement and ADR

Settlement and Alternative Dispute Resolution services provided by Wilson Worley include all of the following:

• Direct negotiation for settlement;
• Representing clients before mediators;
• Representing clients in arbitration;
• Preparation of agreements for mediation or arbitration of disputes, including employer-promulgated employment dispute resolution plans.

In addition to skills of our attorneys in representing clients in ADR, we are able to provide neutrals in alternate dispute resolution.  Several of our attorneys, William T. Gamble, Richard M. Currie, Jr., and Robert L. Arrington, have been approved for General Civil Mediation by the Commission on Alternate Dispute Resolution of the Tennessee Supreme Court.  Katherine Singleton is approved by the same Commission for family mediation, and Richard M. Currie, Jr., and Robert L. Arrington are on the roster of approved Mediators of the United States District Court for the Eastern District of Tennessee.  Robert L. Arrington is also on the roster of neutrals of the American Arbitration Association (commercial and employment disputes), and the National Arbitration Forum, and is on the roster of approved Arbitrators of the United States District Court for the Eastern District of Tennessee.