Alternative Dispute Resolution in New York
Alternative dispute resolution (ADR) in the form of mediation or arbitration may be an efficient and cost-effective way to resolve a dispute or litigation without having to go to trial. Often ADR is required by contract to resolve business disputes. In other cases, the court may require it.
At the New York law firm of Arthur R. Lehman, we can represent you in mediation or in American Arbitration Association (AAA) arbitrations, Judicial Arbitration and Mediation Service (JAMS) arbitrations, and other private commercial arbitrations. With more than 30 years of litigation experience on our side, we know how to succeed using ADR.
Choosing Alternative Dispute Resolution
When the choice exists to pursue alternative dispute resolution in the form of arbitration or business mediation, it should be considered. We will review the strengths and weaknesses of this option with you — including issues related to the relative expense, informality of arbitration proceedings and the lack of a right to appeal an adverse result — ensuring you are well-informed before determining the path your business dispute case will ultimately take.
In many cases, ADR is not a choice. Contracts may include arbitration provisions, dictating when and how arbitration should be used to resolve disputes. Some courts also have mandatory mediation procedures. At any time in a proceeding, the court can direct you to mediate a dispute. If ADR is a requirement, we can help you use it to achieve your goals.
Disputes Over Arbitration or Mediation Requirements
While a contract may require arbitration, your opponent may try to evade it and take the action to court. A proceeding may be necessary to compel arbitration or to stay the arbitration pending litigation.
Situations may also arise in which one party to a dispute has an arbitration agreement and another does not. For example, the company itself may have a contract that requires arbitration, but an officer of the company who is sued along with the company may not. Issues like these can turn particularly complex. We will quickly determine rights and obligations regarding ADR, moving forward with your case as required.
Learn More About How We Can Help You
Whether you are interested in having us handle your case, are looking for feedback about the direction your case is currently going in or are a fellow lawyer seeking assistance, call 212-697-2715 or e-mail us to schedule a consultation with our New York ADR attorney.