Arbitration

Experience with litigation resolves disputes; experience with disputes resolves litigation.

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Arbitration is a mainstay of international and labor dispute resolution and, properly managed, a flexible, confidential and comparatively inexpensive alternative for US business to resolve disputes. And yet surveys reflect a significant amount of skepticism. Businesses are concerned about a system where an arbitrator or panel can make errors that cannot be corrected, and often perceive that the costs of arbitration rival those of litigation.

There are ways to make arbitration fulfill its promise as a means of dispute resolution. I am a Fellow of the Chartered Institute of Arbitrators, a hearing examiner for the DC Board of Professional Responsibility, a member of the College of Commercial Arbitrators, International Mediation Institute, Straus Institute for Dispute Resolution International Task Force on Mixed-Mode Dispute Resolution and am experienced as an advocate in both commercial and labor arbitration. I seek to bring to arbitration a broader array of dispute resolution approaches and, I hope, a recognition of what makes arbitration work for parties.

Being a litigator and counselor helps me to be a better neutral.

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What People Say About Merril

  • I’ve worked with Merril for more than 20 years. He brings a unique and valued perspective to dispute resolution. His wealth of complex litigation experience, detailed knowledge of the insurance industry, and longstanding relationships with plaintiffs’ counsel, defense counsel and insurance executives will greatly facilitate the resolution complex disputes in a fair and reasonable manner. You can be confident that your position will be evaluated carefully, thoroughly and with integrity, and if there is a way to settle on good terms, Merril will almost certainly find it.

    Wallace A. Christensen, Managing Director, Chesterbrook Woods, LLC, Member American College of Trial Lawyers

  • Merril Hirsh worked with DC Appleseed pro bono on a project designed to make DC’s Attorney General more accountable to the public and make it an elected office. The project required careful analysis of a number of competing claims as well as the bringing together of a number of conflicting viewpoints. Merril was superb at both those undertakings and helped lead us to a really good outcome for the residents of DC.

    Walter Smith, Executive Director DC Appleseed

  • I practiced law with Merril for more than 20 years. Among other things, he taught me how to take my very first deposition as a newly-minted attorney, and we worked together on complex litigation matters, from insurance coverage to patent and trademark disputes. Merril is one of the smartest people I know. He has an uncanny ability to identify all the nuances and angles of even the most complex matters, analyze them thoroughly, and explain them persuasively. Merril is someone who could pick up pretty much any case in any subject matter and figure it out very quickly.

    Jennifer Mathis, Partner, Troutman Sanders LLP

  • Merril Hirsh is an organized and experienced litigator who gets things done! He has been chairing a special ABA Committee relating to Special Master appointments. I have worked with him on this project for the past 18 months. He is efficient and effective. He encourages others to work with him and with each other. These traits would make him an outstanding mediator, arbitrator or special master.

    Hon. Shira A. Scheindlin, United States District Court for the Southern District of New York (ret.)

  • Merril Hirsh is the complete package. His deep and broad experience as a counselor and litigator, in advocating on behalf of clients and understanding their interests, complements his innate talent as an effective neutral. Add to all of that a superlative work ethic, creativity, and a passion for “getting to ‘yes.’” A lawyer and her or his client will be in excellent hands with Merril as the neutral.

    William D. Johnston, Partner at Young Conaway Stargatt & Taylor, LLP in Wilmington, Delaware and Immediate Past Chair of the ABA Business Law Section

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