Mediation and Arbitration


At Davis Malm, every case is examined and reexamined as it progresses so that we can determine with our clients whether alternative dispute resolution methods such as mediation, arbitration, or mini-trial would be in our clients' interests. These methods may well be warranted strategically and often are the most cost-effective processes to resolve disputes. Our attorneys are experienced and successful practitioners in mediations throughout the United States, in arbitrations with the American Arbitration Association (AAA), the National Association of Securities Dealers (NASD), and other panels, and we regularly use mini-trials to bring matters to favorable conclusion. Moreover, one of our litigators is also a trained and experienced neutral for both AAA and NASD.

Representative Matters

  • Represented a major private Boston landowner in arbitration hearings in which our client was awarded $7.5 million for a series of temporary and permanent eminent domain takings by the Massachusetts Bay Transportation Authority (MBTA) in connection with the construction of the South Boston tunnel for the Silver Line public transit project. The case involved contract claims, eminent domain damage claims, and real estate damage claims. The damages were awarded in the form of a credit against the $22 million purchase price for property to be purchased by our client from the MBTA.
  • Successfully arbitrated a multimillion-dollar earn-out dispute.
  • Successfully arbitrated a patent royalty dispute about a medical device and procured for the inventor future royalties valued between $25 million and $60 million over the life of the patent.
  • Successfully arbitrated a construction dispute, resulting in a $1.4 million award for our client.