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Suite 416
Melville, NY 11747

Freiberger Haber LLP
420 Lexington Avenue
Suite 300
New York, NY 10170


Alternative Dispute Resolution Lawyer

Litigation can be lengthy, costly, and potentially damaging to the financial viability of a business and the financial security of an individual. Often, the parties can resolve their disputes without going to court by using alternative methods such as arbitration and mediation.  Alternative Dispute Resolution (“ADR”) is an area of law devoted to settling disputes without using the court system. ADR is often a shorter and less costly process by which businesses and individuals can confidentially resolve their disputes.

Freiberger Haber LLP has extensive experience resolving disputes through Alternative Dispute Resolution. For this reason, the firm considers arbitration and mediation as an option for its clients to pursue prior to or during litigation.

ADR: A Spectrum of Options to Address Legal Conflicts

  • Arbitration. Arbitration is similar to a trial without the formalities. It is an adversarial proceeding where the parties can call witnesses and present evidence to a neutral arbitrator or panel of arbitrators. The rules of discovery and evidence are relaxed to make it a shorter and more cost-efficient process.  An attorney or retired judge, who works for a private ADR firm, conducts the proceeding.  Often, the parties select the arbitrator or panel of arbitrators. Arbitration can be binding, in which the arbitrator renders a decision that can be enforced by the courts, or non-binding, in which the arbitrator renders an advisory opinion that the parties can accept or reject.
  • Mediation. A process in which the parties seek the help of a neutral third party to resolve their dispute or litigation through negotiation. Unlike arbitration, mediation is not a proceeding in which the neutral renders a decision. The mediator helps the parties reach an agreement by clarifying their positions and goals and encouraging them to work together. In mediation, the parties have the power to decide whether, and on what terms, to reach a resolution.
  • Neutral Evaluation. A hybrid process where an expert in the subject matter of the dispute provides an impartial assessment of the parties’ positions and the potential outcomes of litigation. This evaluation can help parties gain a better understanding of their legal options and encourage settlement negotiations.

ADR in New York: A Favorable Legal and Institutional Landscape

client lawyer handshake

New York recognizes the benefits of ADR and actively promotes its use in resolving legal disputes. The New York State Unified Court System (NYS CJS) has implemented various initiatives to encourage ADR, including early referral programs, publicly funded ADR services, and extensive training for court personnel.

  • Early ADR Referral: New York courts encourage the early referral of cases to ADR processes, often requiring parties to participate in mediation before proceeding to litigation. This approach aims to streamline the dispute resolution process and promote settlement early on.
  • Publicly Funded ADR Services: NYS CJS provides access to publicly funded ADR services through its Community Dispute Resolution Centers (CDRCs). These centers offer mediation and other ADR options to low-income individuals and small businesses, making ADR accessible to all.
  • ADR Training for Court Personnel: NYS CJS mandates ADR training for court personnel, including judges, court officers, and court staff. This training equips court personnel with the knowledge and skills to effectively handle ADR cases and promote ADR options to litigants.

Benefits of ADR: Transforming Conflict into Cooperation

ADR offers numerous advantages over traditional litigation for resolving commercial disputes in New York. These benefits include:

  • Speed and Efficiency: ADR processes typically expedite dispute resolution, avoiding the lengthy and costly process of court proceedings.
  • Cost-Effectiveness: ADR eliminates the substantial legal fees associated with litigation, making it a more affordable option for businesses.
  • Confidentiality: ADR proceedings are confidential, protecting sensitive information from public disclosure.
  • Maintaining Relationships: ADR fosters collaboration and communication between parties, potentially preserving business relationships.
  • Control over Outcome: Parties retain control over the resolution process and the outcome, unlike the potentially unpredictable nature of litigation.

Speak to our NYC Alternative Dispute Resolution Attorney

There are several different factors that a party should consider before deciding whether to arbitrate or mediate a dispute. The client should consider his/her goals and interests. If the client wants a quick dispute resolution, ADR may be a good option. The subject matter of the dispute may also be a determinative factor in deciding whether and what type of ADR to pursue. Contact Freiberger Haber LLP to evaluate your matter, hear your options, and decide if ADR is the best available course to pursue.

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