Hartford Business Journal

30 HARTFORDBUSINESS.COM | OCTOBER 20, 2025 Bissonnette, the BPS partner, noted that high-asset divorces increasingly move to private mediation to avoid public disclosure of financial details. ADR also allows parties to choose decision-makers with relevant exper- tise. Instead of a randomly assigned judge who may lack familiarity with an industry's nuances, parties can select arbitrators who understand healthcare disputes, construction contracts, intellec- tual property or other specialized areas. "I'm a lawyer. If I had to come up to speed on a business dispute case, if I were a judge, I'd have to learn a lot of things," McKeen said. "If it were a (personal injury) case, I can understand the issues much, much more quickly, and also the pain points that the parties may have, and also the barriers to resolution." Cost is another consideration. Holz- berg estimated that a complex business dispute litigated through trial could cost "hundreds of thousands, if not millions of dollars," whereas mediation might involve meetings over one to four days at a cost of $50,000 to $80,000. However, ADR isn't without drawbacks. Critics note that arbitration decisions are typically final, with few avenues for appeal even if errors occur. Some also argue that mandatory arbitration clauses in business and employment contracts may disadvantage smaller parties who have less bargaining power. And, because the process is confi- dential, it can limit public access and the development of legal precedent. "The backbone of our judicial system is public access, and certainly the public has a right to know what's going on," said Holzberg of Pullman & Comley. "That said, there are cases where the parties agree to confidentiality because of the sensitive details involved." Still, not every dispute belongs outside the courtroom. Some cases hinge on factual disputes that require a jury, the need to set precedent, or a party's desire for public vindication. "You're always going to have people who are not going to be medi- ation-minded or settlement-minded," Bissonnette said. "Some people need their day in court." Intersection with public courts Cases can arrive at mediation or arbitration through several paths. Many business contracts now include manda- tory arbitration clauses that parties sign before any dispute arises. Alternatively, cases already in litigation can be sent to mediation by agreement of the parties or, in limited circumstances, by court order. Connecticut mandates arbi- tration for personal injury cases valued under $50,000, though parties can reject the arbitrator's decision and proceed to trial, according to Sobin, the BPS partner. More commonly, parties voluntarily agree to mediation after substan- tial discovery reveals the likely trial outcome or mounting legal fees exceed the amount in dispute. "Sometimes a lawsuit just has to be filed to get the other side's attention, or to initiate the process, or for tech- nical reasons — maybe a statute of limitations problem," Holzberg said. "But even if a lawsuit has been filed, the question is: Do the parties get involved in protracted litigation, or do they say, 'Let's take a timeout and try to resolve this expeditiously and economically?'" Lucrative practice area For law firms, ADR represents an attractive business opportunity beyond its benefits to clients. Retired judges can command $5,000 per party for a day-long mediation — $10,000 total for a typical two-party dispute. Complex arbitrations can generate $100,000 or more in fees, McKeen said. Importantly, ADR work creates no conflicts of interest that would prevent firms from representing other clients. "These are incredibly cash-positive practice areas that also don't create conflict for these firms," McKeen said. "If you're representing Hartford Hospital, you can't sue Hartford Hospital. But when you're doing mediation, you don't have those kinds of concerns." Lawyers seem to view the demand increase for ADR as largely positive, driven by business strategy and benefits to clients. "Businessmen are in the business of solving problems, not creating them," Holzberg said. "So, there's a built-in recog- nition that it makes sense to try to solve the problems before they explode." (From left) Retired Superior Court Judge A. Susan Peck, and retired Supreme Court Justices Peter T. Zarella and C. Ian McLachlan, have joined the newly formed mediation center at Brown, Paindiris & Scott. Contributed Photo Private Justice Continued from page 29 203.483.3645 • mungerconstruction.com Pat Munger Construction Company, Inc. Delivers Design-Build Commercial Construction Solutions that Align with Your Vision, Values, and Bottom Line Well-Designed Manufacturing Facilities Provide A Competitive Advantage When It's Time to Build - Contact Munger

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