Mediation | Arbitration
Let's Get It Resolved.
Marcus A. McDaniel
Marcus is passionate about resolving disputes. Through many years of professional experience, he has found that ADR tends to lead to far more satisfactory outcomes than protracted litigation. Marcus is a Tennessee Supreme Court Rule 31 Civil Mediator and has conducted hundreds of mediations, both as an advocate and neutral, involving a wide variety of commercial disputes. Prior to relocating to Tennessee, Marcus maintained a successful dispute resolution practice in California.
Practice Areas
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Mediation
Marcus is recognized by both plaintiffs and defendants as an impartial and skilled mediator. Mediation is a flexible and informal process designed to help opposing parties reach a voluntary resolution to their dispute. During the process, Marcus serves as a neutral third party to bridge divisions between the parties, facilitate their negotiations and provide the best possible opportunity to reach a settlement. Marcus uses a variety of techniques to help the parties focus on their underlying interests, understand the risks involved in the positions they are taking, realistically evaluate the potential outcomes of the case and identify solutions. Ultimately, however, it is for the parties to determine whether to enter into a settlement agreement.
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Arbitration
Unlike mediation, in which the parties decide voluntarily whether to enter into a negotiated settlement arrangement, arbitration is a procedure in which the parties allow an arbitrator to decide their dispute. A primary advantage of arbitration for both parties is that it can provide a quicker and less expensive process for resolving disputes than litigating a case in court. In addition, arbitration typically provides more finality than trial because the grounds for appealing an arbitrator’s decision are more limited. Marcus administers his arbitrations with the aim of providing the parties with the benefits of an efficient process, consistent with their right to have a fair opportunity to develop and present their case. Above all, Marcus is always fair and impartial throughout the entire arbitration process while being rigorous in accurately interpreting and applying the law.