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  • Bayard, P.A.

Business Alternative Dispute Resolution

Overview

Resolution—on purpose. Bayard’s Business ADR practice is instrumental in helping parties resolve complex problems quickly with the utmost respect and professionalism extended to all involved. We focus on complex commercial and intellectual property disputes, corporate governance and fiduciary issues, high-stakes employment and executive matters, and government/regulatory conflicts. Our personal services group also offers family law alternative dispute resolution.

Courts and parties have appointed Bayard attorneys to serve as Special Magistrates or Special Masters for discovery and other pre-trial matters in actions pending before the United States District Court for the District of Delaware, the Delaware Court of Chancery, and the Complex Commercial Litigation Division of the Delaware Superior Court. In addition, Bayard attorneys are frequently selected as Discovery Facilitators to assist parties in reaching consensual resolutions of discovery disputes in complex matters.
 
Venues and rhythms matter. Bayard Business ADR can handle matters nationwide—from Delaware (Chancery-style issues and CCLD), the District of Delaware, Maryland/DC courts, and the E.D. Va. “Rocket Docket” to state and federal courts across the United States, arbitrations, and virtual proceedings. We adapt our approach to each forum’s rules, culture, and pace to create momentum. We are available everywhere and anywhere we can be helpful.
 
What we do?
  • Mediation. Settlement-focused facilitation for business, tech/IP, and complex civil cases—pre-suit, early stage, eve-of-trial, or on appeal.
  • Early Neutral Evaluation (ENE). A concise, reality-testing assessment from an experienced neutral to unlock stalled negotiations.
  • Settlement Conferences. Judge-style, agenda-driven sessions tailored to the posture of the case and the decision-makers at the table.
  • Neutral Case Management. Targeted help on discovery spats, privilege and ESI protocols, and special-master-style assignments by party agreement.
  • Conflict Systems Design. For companies, nonprofits, and schools that want fewer disputes and faster exits when conflict hits.
     
Our method (new—and it works)
  1. Prep that matters. A short intake with both sides; optional joint planning call; confidential briefs focused on issues, risk bands, and must-haves.
  2. Day-of structure with flexibility. Tight agenda, early reality-testing, caucus, or joint as needed, and active problem-solving—not just “room sitting.”
  3. Decision tools. BATNA/WATNA mapping, decision trees, “deal maps,” and bracket strategies to surface a zone where a deal can live.
  4. Paper the peace. Clear term-sheet outlines and targeted follow-ups to land signatures.
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The Team - Led by Retired Judge Zuberi “Judge Zu” Williams — Chair

Our roster includes experienced neutrals drawn from Bayard’s commercial, IP, insurance, and investigations practices. Clients get a neutral matched to their dispute—and a bench behind the neutral that understands the law, the venue, and the business reality. 
 
Judge Zu’s vision of the mediation process —is turning conflict into clarity and stand-offs into solutions. A former Maryland District Court Judge, the Chair of the Maryland District Court ADR Subcommittee, and a trial lawyer in white-collar and IP matters, brings a rare 360° view to virtually any dispute. As Chair of Bayard’s Business ADR practice, he is trusted nationwide for high-stakes commercial, IP, employment, and government cases, and has conducted hundreds of successful mediations. His sessions are structured, efficient, and human—he reality-tests, builds momentum, and drives principled deals—because he believes the most durable outcomes happen when parties actively participate and own the resolution. That blend of bench-level judgment, counsel-side practicality, and program leadership makes him one of the nation’s go-to neutrals.
 
Pete Ladig has extensive experience in alternative dispute resolution, including appointments by both courts and parties. He has served as a Special Magistrate and Discovery Facilitator. Pete also regularly serves as a mediator in corporate and commercial disputes. In 2022, he completed the Mediating Disputes course at the Program on Negotiation at Harvard Law School.
 
Steve Brauerman currently serves as Special Master appointed by the United States District Court for the District of Delaware, where he oversees highly complex litigation matters—facilitating discovery, resolving pretrial disputes, issuing reports and recommendations, and mediating conflicts as directed by the Court or agreed upon by the parties. He has also been appointed Receiver by the Delaware Court of Chancery. A veteran litigator and an experienced neutral, Steve offers a strong background both advocating for clients and helping them resolve disputes in mediation.
 
Brett McCartney has served as a court-appointed Special Magistrate in the Court of Chancery. In that role, Brett has overseen, heard, and resolved various complex pre-trial and discovery (including e-discovery) disputes. Separately, Brett has acted as counsel to a court-appointed custodian overseeing the governance of a Delaware entity that controlled a complex set of trusts and entities holding substantial assets.
GianClaudio Finizio frequently serves as a hearing officer appointed by the Insurance Commissioner of the State of Delaware, or as legal counsel to hearing officers in administrative proceedings. His work often involves presenting recommendations to the Commissioner on issues such as changes in insurance company control and licensing of insurance professionals. These proceedings routinely result in the resolution of complex regulatory matters without the need for litigation.
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Formats & Venues
(From boardrooms to backyards, we’ve got the table set for resolution)
Bayard’s mediation practice is built to meet clients wherever they are—across the table, across the country, or across the screen. Our Wilmington headquarters boasts state-of-the-art conference rooms, moot courtroom facilities, secure virtual technology, and a location just steps from Amtrak in the heart of the city. But world-class mediation isn’t tied to one address. We routinely travel nationwide to serve clients on their terms, making the process seamless and worry-free—we handle the logistics so parties can focus entirely on resolution. Whether in our facilities, your offices, or online, we deliver the same professional, results-driven experience.