Mediation and Arbitration

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Mediation & Arbitration

Dispute Resolution with Our New York Employment Lawyer

Dispute resolution processes are alternatives to having a dispute decided through litigation instituted in court. ADR may be used to resolve many types of dispute, including employment disputes.

Except for binding arbitration, if parties fail to reach a resolution through ADR, they may still pursue their case in court in most instances. Parties may use different ADR processes before, or even after, they have filed a case in court.

Although we have successfully been involved in litigation since the beginning of our practice, and achieved results which have been nationally acclaimed, we still recognize that for our clients, litigation sometimes involve an experience that they would prefers not to undergo. For that reason, it has been our policy that before we institute litigation, we pursue all means of settlement negotiations that are available to accomplish a favorable result for our clients.

Our clients have come to recognize, as do we, that often a favorable settlement is as beneficial as the need to litigate. Additionally, since litigation sometimes creates demands on our clients, we consider it essential to attempt to resolve the matter amicably if the result we achieve and the shorter waiting period are beneficial to our clients. Therefore, once we embark upon litigation, our clients are assured that we have pursued all means available to attempt to resolve the claim without the need for litigation.

Once litigation has been commenced, our clients never have to look back and wonder why litigation was instituted because that was the only reasonable avenue to pursue and we can then do so with firm commitment. For these reasons, we expend great effort, usually at the outset, to either negotiate an acceptable settlement or pursue more formal negotiations through the non-binding dispute resolution procedures. No one ever considers this policy -- at first attempting to negotiate a settlement -- as a sign of weakness because our outstanding record of achievements in the field of litigation is renowned and respected. Instead, people recognize that once we embark upon litigation, our clients are assured that they can move forward without ever questioning whether there existed a better way to proceed.

Negotiating Directly with Employers

Negotiation is usually an informal process in which parties identify issues of concern and explore options for a mutually acceptable agreement. In negotiation, there is no neutral or impartial third person to assist the parties in finding a resolution. Therefore, disputing parties usually choose to be represented by attorneys in negotiations.

At the outset, we attempt to resolve and negotiate the issues with the employers’ representatives. Frequently, we are able to do so. Our record of success in being able to conclude the matter in an early stage is favorable. We believe this is because we fully prepare for meetings with the employers so that they are made adequately aware of our clients’ positions and all the ramifications. When we are unable to do so, we then consider non-binding mediation as an alternative.

Non-Binding Mediation

Non-binding mediation is a voluntary process in which a neutral mediator attempts to help the parties discuss their interests and find a mutually acceptable resolution to their dispute. Unlike the arbitrator, the mediator does not have the power to make a decision. If the parties reach a resolution, the mediator can help draft the written contract that may be enforceable in court. Although the parties themselves usually have complete control of the outcome in mediation, it is best to have attorneys present to look after your interests.

We understand the process of mediation fully, which essentially consists of submitting the parties’ issues to an impartial professional mediator. The mediator does not attempt to decide the issues and has no authority to do so. The mediator's effort is to facilitate the parties in resolving their issues and frequently, the issues are resolved.

In the event that resolution is not achieved, our clients can then proceed to litigation, if they so elect, knowing that they have exhausted all alternative dispute resolution processes that are available. Such knowledge has furnished our clients considerable assurance and strength that once litigation is embarked upon, they need never look back and wonder whether there was another way.

Arbitration

In arbitration, one person or panel decide how the dispute should be resolved after hearing all sides of the issues and studying the evidence as presented by the parties, who are usually represented by their attorneys. Of all forms of ADR, arbitration is most similar to a trial in that the parties make opening statements and present evidence to the arbitrator, who serves as the jury and the judge. When arbitration is binding, the court may review the final decision on a very limited basis. When arbitration is non-binding, the decision is advisory and becomes final only upon acceptance by both parties.

Call Our New York Employment Lawyer for a Free Review

Feel free to contact us for a free initial consultation. Our New York employment lawyer will be pleased to discuss your concerns with you at that time and determine whether we believe we can help you, and you will have the opportunity to decide whether you wish to invite us to do so.

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    Schwartz Perry & Heller
    New York Employment Law Attorney
    Located at: 295 Madison Avenue,
    26th Floor,

    New York, NY 10017
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    Phone: (646) 490-0221
    Local Phone: (212) 889-6565
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    The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.