Resolving Disputes Outside of Court
Litigation can be a great way to solve problems, but not under all circumstances. When the situation calls for a quicker, less costly, more private or less combative way to resolve a dispute, businesses increasingly turn to alternative dispute resolution methods such as mediation and arbitration. Judges can also order parties into mediation or arbitration. Whether or not these proceedings are legally binding, it pays to have an experienced professional at the helm.
Holman Law believes that all parties can benefit by considering other options before proceeding to formal litigation. Mediation and arbitration are two of those options. In arbitration, both parties to the dispute agree to resolve it before a private judge with expertise in the law and the situation. This can be binding or non-binding. Like a judge, the arbitrator stays neutral and eventually hands down a judgment. Proceedings are similar to court proceedings, but in a private setting.
Mediation is also conducted in private, but a mediator’s job is to actively help parties come to an agreement. In some cases, that means the mediator helps find common ground between the parties, and uses that common ground to find a compromise that both parties can accept in order to end the dispute. In other cases, a mediator might evaluate and explain what each side’s prospects would be in a court of law, encouraging a settlement before the dispute can go to court. Mediation is popular in part because it allows parties to participate in the solution, which often makes them feel better about the solution they helped to reach. This also makes it less likely that they’ll go back to court.
Taking the dispute out of court offers several advantages over traditional court cases. Mediation and arbitration can be conducted without the delays caused by the overworked court system, and it can also be less expensive. Leaving court means the parties can meet at the time and place most convenient for everyone, and parties with a technical or very specific dispute can “shop” for a mediator or arbitrator with experience in the required area of law. Resolving the case without a jury removes some of the uncertainties of a formal court case. And of course, mediation and arbitration is conducted out of the public eye.
If your business is considering mediation or arbitration to resolve a dispute, or is already involved in it, Holman Law can help. Holman Law has extensive New York business law experience, including the laws regarding arbitration, shareholder and partnership disputes, consumer litigation, closely held and family business matters and more.
From our offices in New York, we represent clients throughout the metro New York area. To learn more or set up a meeting, please send us a message online or call us toll-free at (866) 204-1020 or (212) 481-1336.