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
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 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.
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.