ADR: Mediations and Arbitrations
The cost of litigation can be an expensive investment. The highly experienced attorneys in Abrams Fensterman’s ADR group have a well proven track record of resolving all types of cases, from high stakes commercial litigation to personal injury matters. Our attorneys come from a wealth of backgrounds, providing parties with unique and varied perspectives. From former state Supreme Court Judges to highly seasoned litigation attorneys we give parties value in utilizing either mediations or arbitrations to resolve their matters. Our longstanding experience working with members of various state bars makes us a logical choice to handle your ADR needs.
Mediation is a process in which a neutral third person called a mediator acts to encourage and facilitate the resolution of a dispute between two or more parties.The process is informal and non-adversarial with the objective of helping the disputing parties reach a mutually acceptable and voluntary agreement. In mediation, decision-making authority rests with the parties. While mediation may be ordered by the court, it may also be voluntarily initiated by the parties either before or after filing a lawsuit.
The role of the mediator is to facilitate and help direct conversation in ultimately obtaining a settlement. Mediation opens lines of communication and allows parties to explore all settlement options in order to resolve their dispute. Everything said during mediation is confidential and (except as provided by law) may not be repeated to anyone other than the other party or the party’s attorney. Mediation can provide parties more control over the outcome of their case, can allow the case to be resolved sooner, and can save on the overall expense involved in the case. Once a case has settled at mediation, our mediators will put together a term sheet, locking in what was agreed to by the parties.
Arbitration is also a less expensive, but a more formal way to resolve disputes outside of the court system. The dispute is decided by one or more persons – either a single arbitrator or a panel – which renders an arbitration award at the conclusion of the case. An arbitration award is legally binding on both sides and enforceable in court.
Arbitration is often used for the resolution of commercial disputes, including in the context of international commercial transactions; however, arbitration is also utilized in medical malpractice matters and even in personal injury disputes. In the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts and may even include a waiver of the right to bring a class action claim. After hearing the case, the arbitrator – much like a presiding judge – renders a binding decision. The decision can be reasoned (showing legal reasoning) or be a short form decision.
Our experienced mediators and arbitrators will assist you in resolving your dispute months, or even years, before a trial.
Types of matters we mediate and arbitrate:
- Commercial Litigation
- Medical Malpractice
- Toxic Torts
- Class Actions
- Personal Injury
- Labor Law
- Products Liability
- Automobile Accidents
- Slip and Fall
- Contracts
- Real Estate
- Municipal Law
- Estate Matters
- Maritime Law
CONTACT OUR LAW FIRM
For further information about the firm’s estate planning, asset protection and estate administration practice, contact the firm’s law offices on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.
