Mediation and Independent Monitoring

When organizations find themselves under government investigation, report a possible violation of law to the government, or get in a dispute with a business partner, they often need an objective and experienced resource: a mediator or independent monitor.

Federal government agencies and courts often require or recommend an organization retain an independent monitor as part of an administrative agreement related to government investigations or possible violations of law. Independent monitors oversee and evaluate the organization’s compliance with the administrative agreement and the effectiveness of its ethics and compliance program. Independent monitors must report to the government on the organization’s compliance with the administrative agreement and applicable laws. It requires experience, credibility, objectivity, transparency, and a direct approach to communicating both with the government and the organization under monitorship.

Similarly, businesses often decide that mediating a dispute with a business partner, which also requires credibility and objectivity, is the most efficient and cost-effective way to resolve an issue.

Cassidy Law provides both independent monitoring and mediation services to support organizations as they navigate disputes and government oversight requirements.

Independent Monitor Services

With experience as attorneys inside the federal government and as executives inside complex, multinational organizations, we understand how a business operates, how to develop ethics and compliance programs, and the objective and practical insight needed to review compliance with an administrative agreement and the law.

We support organizations operating under administrative agreements, plea deals, or regulatory oversight by providing fair, thorough, and actionable assessments:

• Evaluating compliance with administrative agreements and plea agreements;
• Evaluating compliance with laws and regulations;
• Assessing the effectiveness and sustainability of ethics and compliance programs;
• Delivering comprehensive and credible reports to the government and other stakeholders.

Mediation Services

We understand that when embarking on mediation you need a neutral, experienced, diplomatic mediator to help resolve:

• Commercial and contractual disputes;
• Internal organizational conflicts.

Our approach in mediating is grounded in legal clarity, strategic insight, and a recognition of the dynamics of business disputes.

Whether through mediation or monitoring, our goal is the same—use our experience to support your business as it works to restore trust, resolve conflicts, and build an effective ethics and compliance program. When your organization is under government scrutiny or facing a dispute, you need a mediator or an independent monitor who understands both legal requirements and business realities so you can meet your legal requirements. If you’re facing a government investigation, operating under an administrative agreement, or seeking to resolve a dispute, Cassidy Law will help you meet the moment with objectivity, fairness, and precision through mediation or independent monitoring.

Cassidy Law attorneys have served as independent monitors:

• NASA approved Attorney Cassidy as an independent monitor to oversee a NASA contractor’s compliance with an administrative agreement between NASA and the contractor regarding the contractor’s compliance with FAR regulations.
• The U.S. Department of Energy approved Attorney Cassidy as an independent monitor to oversee a Department of Energy contractor’s compliance with an administrative agreement between Energy and the contractor and to monitor and evaluate the contractor’s development and execution of a FAR-required ethics and compliance program.
• The D.C. Office of the Attorney General approved Attorney Cassidy as an independent monitor to oversee a contractor’s compliance with an administrative agreement between the Office of the Attorney General and the contractor as well as to monitor and evaluate its development and execution of a legally-required ethics and compliance program, and its steps in conducting adequate internal investigations.
• The Commonwealth of Virginia Office of the Attorney General and a Virginia state court approved Attorney Cassidy to serve as a business’ outside general counsel to advise the business on establishing an ethics and compliance program, developing and executing contracts required to operate the business, and to provide legal counsel on all business operations. Attorney Cassidy reported to the Office of the Attorney General on the business’ progress in developing and executing the newly developed ethics and compliance program.
• The Environmental Protection Agency approved Attorney Halbrooks as an independent monitor to oversee a business’ compliance with an administrative agreement between the EPA and the business as well as to oversee the contractor’s development and execution of a legally required ethics and compliance program.
• The Department of Homeland Security’s U.S. Citizenship and Immigration agency approved Attorney Halbrooks as an independent monitor to oversee a contractor’s compliance with an administrative agreement between the agency and the contractor as well as to evaluate the contractor’s improvements to its FAR-required ethics and compliance program.