Mediation & Arbitration

New York Employment Mediation Lawyer

ADR for Employment Disputes, Backed by Decades of Shaping New York Employment Law

Alternative dispute resolution (ADR) encompasses negotiation, mediation, and arbitration, each a structured alternative to having a judge or jury decide an employment dispute. At Schwartz Perry & Heller LLP, we’ve represented employees in New York for more than three decades, and we were among the first firms in the state to focus exclusively on employment law. That history shapes how we approach every case before a single court filing is made.

Our policy is to pursue all available settlement and negotiation avenues before recommending litigation. This isn’t a soft position. It reflects a clear-eyed understanding that a favorable resolution reached in less time can serve a client’s interests as fully as a court judgment, while sparing them the time, financial pressure, and emotional demands that litigation creates. For non-binding ADR processes, if resolution isn’t reached, the path to court remains open. Binding arbitration is different: once a decision is issued, the parties generally can’t return to court, which is why understanding that distinction before any process begins matters.

To speak with our experienced New York employment mediation lawyers, call us at (646) 490-0221 or contact us online today.

When Litigation Becomes the Right Path

When we do pursue litigation, our clients know every alternative avenue was exhausted first. That certainty matters: no one has to look back and wonder whether a better path existed. And no one mistakes our settlement-first approach for timidity. Our record of achievements in employment litigation is nationally acclaimed, which is precisely why we work so hard at the outset to negotiate a resolution or pursue formal non-binding dispute resolution before recommending court.

Negotiating Directly with Employers

Negotiation is typically an informal process in which the parties identify issues and explore options for a mutually acceptable agreement, with no neutral third party involved. Attorneys represent their clients directly in these discussions.

At the outset, we attempt to resolve disputes directly with employer representatives, and our record of concluding matters at this early stage is favorable. We attribute that to thorough preparation: we go into every meeting having made sure the employer fully understands our client’s position and its ramifications. When direct negotiation doesn’t resolve the matter, we consider non-binding mediation as the next step.

When Mediation Makes Sense for Employment Disputes

We handle employment mediation for disputes involving discrimination, sexual harassment, wrongful termination, and wage and hour matters. Mediation is confidential, keeping sensitive workplace information out of the public record. It also tends to require less time and expense than litigation while giving both parties more control over the outcome than a court proceeding allows.

Beyond financial compensation, mediation can produce terms a court can’t order: how a separation is described in internal records, the language of a reference, reinstatement, or non-disparagement provisions. We assess each case individually to determine whether mediation fits the client’s objectives and legal strategy. When it does, it can offer a faster, more private path to resolution. When it doesn’t, we say so clearly.

How the Employment Mediation Process Works in New York

In a typical New York employment mediation, the parties agree on a neutral mediator, set a date, and exchange key documents and summaries in advance. On the day itself, you’ll generally spend most of your time in a private room with our team while the mediator moves between the parties, sharing offers, asking questions, and helping both sides work toward a practical resolution.

How We Prepare You for Mediation

Before any session begins, we work with you to build a clear account of what happened, the impact on your career and finances, and the outcomes you want to achieve. We also walk through how your mediation may interact with any pending charges at the New York State Division of Human Rights or the Equal Employment Opportunity Commission so that all deadlines and procedural requirements stay protected. That preparation lets you participate with confidence, knowing your concerns can be presented in a focused, organized way.

What We Do During the Mediation Session

During the session, our role is to advocate for you, help you evaluate each proposal, and address both immediate financial needs and longer-term interests in any potential agreement. That includes walking through issues like references, non-disparagement terms, and how a separation will be described in internal records. A structured approach can make mediation less intimidating and more productive for employees navigating difficult workplace situations.

Mediation isn’t the right path in every situation. When one party won’t negotiate in good faith, or when establishing a legal precedent through court is critical to protecting employee rights more broadly, mediation may not serve the client’s interests. We assess each case on its own facts before recommending any voluntary process.

In many New York employment cases, we begin by reviewing any existing employment contracts, handbooks, or arbitration provisions to determine whether you can choose mediation or whether a different process is required. We also discuss the power dynamics in your workplace, your ongoing career goals, and whether participating in a voluntary process with your employer feels safe. Weighing those practical considerations alongside potential legal remedies helps us determine whether employment mediation in New York is likely to move you toward a fair, durable resolution.

Is Mediation Binding?

Non-binding mediation is a voluntary process: the mediator facilitates discussion but has no authority to impose a decision. Only the parties can agree to a resolution. If they do, the mediator can help draft a written agreement that may be enforceable in court.

A typical New York employment mediation may begin with a joint session where each side presents its perspective, followed by private caucuses where the mediator explores settlement ranges and helps surface options that might not be available in a courtroom. You retain the right to accept or reject any proposal, which means you stay in control of the outcome throughout.

When mediation doesn’t result in an agreement, we preserve the work done so it can support the next phase of your case. Documents exchanged, settlement ranges discussed, and issues narrowed during those sessions often help us streamline later arbitration or court proceedings. Clients who move into litigation after unsuccessful mediation do so knowing they’ve exhausted available options and have a clear record of those efforts behind them.

Arbitration in New York Employment Disputes

Arbitration is the most trial-like form of ADR. A neutral arbitrator or panel hears evidence, receives arguments from both sides, and issues a decision. In binding arbitration, that decision is final and subject to only very limited court review. Non-binding arbitration produces an advisory decision that becomes final only if both parties accept it, preserving the option to proceed to court.

Many New York City employees are asked to sign arbitration agreements as a condition of employment, and those agreements can determine how and where their claims are heard. Major forums for New York employment arbitration include the American Arbitration Association (AAA), which maintains Employment Arbitration Rules, and JAMS. We review any arbitration agreement with you at the outset to explain whether you must proceed in arbitration, whether exceptions apply, and how the rules of the applicable forum may shape your case. We also walk through how arbitration compares to mediation and litigation across factors like privacy, cost, timing, and available remedies, so you can make an informed decision.

To speak with our experienced New York employment mediation lawyers, call us at (646) 490-0221 or contact us online today.

Why New York Employees Choose Schwartz Perry & Heller LLP for ADR

Our attorneys carry more than 100 years of collective experience in employment law, and Schwartz Perry & Heller LLP was among the first firms in New York to focus exclusively on this field. That depth of practice means our ADR strategy isn’t built on general litigation instincts: it’s informed by the same body of work whose outcomes are regularly cited by courts in New York and beyond.

What distinguishes our representation in ADR matters:

Court-Cited Case History: Our cases have helped shape New York employment law, which means we understand the precedents that define what employers and employees can expect at the negotiating table.
Faculty and Publication Record: Our attorneys teach at leading continuing legal education programs and have been published in prestigious legal forums, keeping our practice at the leading edge of the field.
Recognized by Peers and Rating Bodies: The firm has received recognition from Super Lawyers, Martindale-Hubbell (AV Preeminent), Legal Leaders, and AVVO (10.0 rating), reflecting consistent evaluation by both peers and independent rating organizations.
Nationally Acclaimed Results: Our track record of substantial outcomes in employment matters is recognized nationally, and those results inform how we approach settlement and ADR on behalf of every client.
Personalized Attention: We treat each client’s situation as the unique matter it is, not as a category of case. Every ADR strategy we develop reflects the individual’s goals, circumstances, and workplace realities.

Whether you’re considering mediation for the first time or navigating an employer-mandated arbitration agreement, Schwartz Perry & Heller LLP provides the informed, committed representation New York employees deserve.

Frequently Asked Questions

How Long Does Employment Mediation Usually Take?

The length of a mediation depends on the number of issues in dispute, each side’s willingness to negotiate, and the volume of documents involved. Many single-plaintiff employment mediations in New York wrap up in a single day; more complex matters may require multiple sessions. Before your mediation, we’ll discuss timing expectations so you understand how the schedule may affect your work, family obligations, and any ongoing agency or court deadlines.

Will My Employer Find Out If I Speak with a Lawyer?

Consulting with a lawyer about your workplace situation is confidential. Your employer isn’t notified that you sought advice, and you remain in control of whether and when to approach them about mediation or any other form of dispute resolution. That means you can freely explore your options, including potential claims under New York City and New York State human rights laws, before deciding whether to engage in a formal process.

Can I Still Mediate After Filing a Charge or Lawsuit?

Yes. Many employment disputes can be mediated even after a charge has been filed with an agency or a lawsuit has been started in court. In New York, judges in venues such as the Southern District of New York or the New York Supreme Court may encourage parties to consider mediation while a case is pending. If you’re already in litigation, we can help you evaluate whether pausing to pursue mediation makes sense given where your case stands and what you’re trying to achieve.

Contact us to schedule an initial consultation. Our New York employment lawyers can discuss your concerns, assess whether we believe we can help, and give you the opportunity to decide whether you’d like to move forward together. Call (646) 490-0221 today.

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"Brian and Analiese were exactly the team I needed to bring clarity to a complex situation."
Brian and Analiese were exactly the team I needed to bring clarity to a complex situation. From the first intake, they brought both empathy and sharp, nuanced questions that helped me quickly get oriented. Throughout the process they were knowledgeable and responsive, and their diligence led to a resolution I deeply appreciate. Thank you again.

- Former Client
"Always available, conscientious and extremely knowledgeable."
Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

- N.W.
"I trusted them entirely."
I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

- A.M.
"Their integrity, personal attention, and knowledge are superior."
Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.

- D.K.
"Caring, smart, highly skilled negotiators"
Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.

- D.
"Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.

- Former Client
"From day 1 of the consultation to the very end I felt like the most important client to the firm."
Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+

- D.W.
"We remain tremendously grateful for his support and look forward to working with him again."
On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.

- Eric

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