Specializing in Dispute Resolution - Mediation - Arbitration
Mr. Kocher has over 40 years of litigation and alternative dispute resolution experience. Clients can expect Mr. Kocher to contribute a wealth of practical business experience to the resolution process. He has served as General Counsel and Litigation Counsel for a Fortune 500 company and worked in and with small corporations and governmental entities in reaching viable and sensible solutions to often emotional as well as complex problems.
While most engagements involve the arbitration or mediation of contracts and agreements, his experience covers a wide range of matters, including corporate governance, acquisitions, mergers, dispositions, licensing, antitrust, employment, environmental, product liability, toxic tort and intellectual property issues. Cases successfully resolved have been both domestic and international in scope.
Environmental expertise includes allocation of responsibility, risk assessment, deminimis settlements, indoor air quality, hazardous waste areas, FIFRA and toxic tort claims involving asbestos, UFFI, formaldehyde, VCM and other chemicals. International experience includes the arbitration, litigation, and mediation of a variety of disputes in a dozen foreign jurisdictions including Canada, Japan, Malaysia, Brazil and the European Common Market involving such diverse matters as joint venture agreements, acquisitions and dispositions, distributor agreements, trademarks and unfair competition, stockholder rights, commodity purchases, antitrust obligations, maritime issues, product liability and toxic waste disputes.
Examples: Conducted arbitration of a dispute between two international companies regarding a trademark license.
Developed the dispute resolution process to resolve a multi-million dollar petrochemical breach of contract claim.
Developed an ADR procedure, including a factfinding process to resolve a major antitrust complaint.
Successfully developed 'business alternatives' to resolve substantial corporate antitrust claims and avoided participation in class action litigation.
Arbitrated multi-million dollar breach of contract claim in Switzerland.
Successfully arbitrated breach of joint venture agreement in New York and Tokyo including obtaining injunctive relief in aid of arbitration. Mr. Kocher is a trained and experienced arbitrator and mediator who views disputes objectively and actively assists the parties in facilitating the resolution process. Conferences scheduled at the early stages of a dispute and at times acceptable to the parties increase the likelihood of a prompt resolution. This avoids delays and frequently non-productive court appearances. Sessions are less formal. The nature of the proceedings allows the parties to freely express their views and maintain control of their interests. The privacy of all parties is protected and the outcome can be confidential if the parties so choose.
Mr. Kocher is committed to facilitating the resolution of basic or complex disputes in a way satisfactory to all parties. Virtually all disputes lend themselves to ADR consideration. The advantages to the parties involved are numerous:
Lowered litigation costs • Creative remedies not possible in a trial • Private & Confidential process Flexibility in scheduling, prompt resolution • Maintenance of relationships • Less anxiety for participants Less adversarial process • Mediator/arbitrator who is a specialist in Alternative Dispute Resolution