Mediation & Dispute Resolution

Overview

Some of the firm's business clients come to us with very sensitive issues. Their goal is to avoid litigation.

Dispute Resolution is the process of resolving legal conflicts without going to trial before a federal or state court. McConnell Valdés is in the forefront of this area, advising clients on arbitration, dispute resolution, and mediation. Our attorneys have extensive expertise in determining which form of dispute resolution is in the best interest of clients and meets their needs better than traditional litigation. In addition, our firm has substantial experience in business dispute resolution and routinely advises our clients on the legal consequences flowing from particular terms and conditions of all dispute resolution options.

The McConnell Valdés Mediation & Dispute Resolution lawyers are highly recognized in Puerto Rico for effectively helping clients resolve disputes using various alternative dispute resolution (ADR) techniques.

Our stand-alone practice has achieved considerable success in representing clients involved in a range of commercial and financial disputes in arbitration proceedings before forums, including the International Center for Dispute Resolution, the American Arbitration Association (AAA), and the Financial Industry Regulatory Authority (FINRA).

Our success in resolving disputes through mediation is due, in large measure to our keen understanding of our clients’ businesses – and the issues at stake.

What We Do

The McConnell Valdés Mediation & Dispute Resolution team represents clients in:

• Arbitration proceedings
• Mediation negotiations
• Pre-litigation negotiations
• Early Neutral Evaluations

Representative Clients & Matters

• We represented client in an arbitration/litigation filed against it by its local partner and investor in the management concession of the Teodoro Moscoso Bridge, in San Juan, Puerto Rico. The plaintiff, Supra and Company, S.E., alleged breach of contract and claimed damages. The litigation concerned complex contractual interpretations about an “earnout agreement” negotiated between the parties in 2010.  Abertis manages more than 7,000 kilometres of tollroads in 12 countries, and is the world leader in this sector. In the arbitration, we eventually obtained a partial dismissal of a $6,000,000 damages claim and obtained enough leverage during the remaining part of the arbitration that helped the client reach a confidential settlement of the remaining claims.

• Achieved a  unanimous victory for one of our clients, where a  panel of three arbitrators unanimously found in favor of MOVA Laboratories, Inc. in an arbitration proceeding conducted under the rules of the American Arbitration Association. The arbitration followed an unsuccessful mediation attempt to solve a breach of contract claim made by BIA Pharmaceuticals, Inc. against MOVA for the latter's alleged failure to continue developing a patented ibuprofen solution. We successfully defended MOVA when they showed that the License Agreement was null and void and, therefore, MOVA did not breach any contractual obligation when it discontinued the ibuprofen project.

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