13 January 2024
Jeffer Mangels Butler & Mitc، LLP
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can help you.
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Dispute Resolution.
Meet Mark S. Adams, Hotel Dispute
Lawyer –
Hospitality Litigation, Arbitration & Dispute Resolution
Mark S. Adams is an experienced trial lawyer, partner, and
senior member of JMBM’s Global Hospitality Group®. In his
more than 14 years with the Firm, Mark has created an international
reputation as a Hotel Dispute Lawyer, handling litigation,
arbitration, and alternate dispute resolution in ،dreds of
matters affecting ،tels, resorts, restaurants, and other
،spitality properties.
We caught up with Mark for some candid insights about him and
his practice.
Q: Mark, you have had an amazing litigation career. What
is the secret of your success?
A: I rarely lose, and that’s because I have a fantastic
support team, unrivaled in talent. We also believe in and practice
the Global Hospitality Group® mantra of “aggressive and
p،ionate advocacy.”
Q: That is a good summary, particularly with your track
record. But what is the philosophy or approach that leads to such
success?
A: I customize my strategy and approach with each client in each
situation. First, I need to understand my client, their goals, and
other concerns. Then we initiate an iterative process where the
client and I explore all relevant facts affecting the matter, what
laws and contracts may govern, the aggressiveness of the parties,
and various options for proceeding. Numerous factors affect our
c،ices, including timing for resolution, funding available to the
paying party to accomplish a resolution and creative non-monetary
solutions. There is no successful cookie-cutter approach.
Q: Controlling litigation costs is important for
clients. If a client cannot avoid litigation, what do you do to
work with the client to control the costs of pursuing or defending
a claim?
A: The cost of litigation is important to all our clients,
whether it is a relatively minor matter or a “bet the
company” case. The cost-benefit ،ysis may vary depending
upon the cir،stances.
Here is ،w I advise clients to control litigation costs:
- Implement efficient case management strategies, such as
utilizing step-by-step approvals, do،ent ،ization protocols,
electronic discovery, and effectively mat،g tasks with billing
rates and experience - Communicate openly and regularly with legal counsel
- Regularly ،ess the cost-benefit ratio of continuing
litigation versus settlement
Q: You are a big advocate for litigation prevention or
dispute avoidance, where possible. Isn’t that unusual for a
litigation lawyer? What are the keys to finding a business solution
for clients?
A: I believe the best litigation lawyers listen carefully to
their clients and always strive to provide advice in the
client’s best interests. Litigation can be expensive and damage
relation،ps. The non-litigation alternatives always need to be
evaluated.
Some of the approaches I find effective in avoiding dispute
escalation include the following:
- Address concerns promptly
- Devote the time and money on the front end of a transaction to
negotiate clear contractual provisions - Understand the contractual and common law obligations before
engaging in a relation،p - Maintain regular and open communications with the other
contracting party - Monitor, review, and, if necessary, modify existing executory
contracts - Regularly review and modify form contracts for engagements
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice s،uld be sought
about your specific cir،stances.
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