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Schwartz Perry & Heller LLP Mediation & Arbitration

New York Employment Mediation Lawyer

Arbitration & Dispute Resolution Lawyers in New York

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.

Is Mediation Binding?

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 Lawyers in New York

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 an Initial Review

Feel free to contact us for an easy 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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      "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.

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      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.

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      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.
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      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.
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      "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+
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      "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
      "Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
      After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
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      Brian was extremely helpful and responsive it helping me review my first ever separation agreement. He was able to explain the legalese in a way that allowed me to understand the risks I could be taking on down the road. After speaking to him, I was able to negotiate to include additional language in my agreement that will protect my future career. He was nothing but professional and incredibly responsive. I can't recommend him enough.
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