Resolving Disputes Through Mediation

Mediation is a form of ADR and an alternative to full-blown litigation that enables parties to resolve disputes without going to trial. A mediator can help counterparties find mutually agreeable solutions.  

Parties can enlist the services of a neutral third-party mediator who is typically a licensed attorney—and even a former judge—and experienced in the subject matter surrounding the controversy. In many instances, the parties can jointly select the mediator or mediators. The mediator does not make rulings and cannot offer the parties legal advice. Rather, the mediator is charged with the following: 

  • Identifying points of contention; 
  • Helping the parties find common ground; 
  • Guiding the parties to a settlement; and  
  • Recommending settlement points. 

While mediation is typically a voluntary option, courts can also order parties to mediate the case before allowing it to proceed to trial.  

Mediation often is a more cost-effective, less time-consuming approach to resolving disputes. It is often a collaborative approach that encourages parties to find a win-win solution. By working together toward a common goal, the parties can preserve and possibly strengthen their business relationship. 

Resolving Disputes Through Arbitration

Arbitration is another form of ADR. It often can be less expensive and less time-consuming than full-blown litigation. Parties may enter a contract or other type of agreement with an arbitration provision, and courts can order parties to pursue binding or nonbinding arbitration. 

In binding arbitration, a party may still appeal the arbitrator’s decision, but the arbitrator’s decision is often given strong deference—absent bias, failures in agreed-upon procedures, or other forms of flagrant abuse. In nonbinding arbitration, either party can reject the arbitrator’s decision and take the matter to trial; however, the process can help produce a settlement or guiding benchmark for trial. In both cases, parties submit their case to a third-party arbitrator who is authorized to make a decision.  

Arbitration is similar to litigation in many respects and can provide a streamlined mechanism towards adjudication and resolution. The parties and the arbitrator determine the rules and scope of proceedings, potentially making arbitration quicker and less expensive than full-blown litigation. In many instances, the parties can jointly select the arbitrator or arbitrators.  

Parties can also control scheduling. An arbitration hearing can be scheduled as soon as the parties are ready, potentially even within months. Arbitration can be confidential, and the final decision can remain confidential.  

Although arbitration can include a discovery phase, such discovery can be relatively informal and limited. The use of witnesses or expert testimony by either party to support their claims can be streamlined through agreements between the parties and the arbitrator.   

Arbitration can be performed by a group of arbitrators selected and designated to render a decision, whether unanimously, by a majority, or by some other weighing, as agreed upon by the parties, or even by a single arbitrator. The arbitrator often performs the following roles: 

  • Presides over the arbitration; 
  • Hears arguments and evidence; 
  • Makes rulings regarding procedure and evidence; and 
  • Renders a final decision. 

Contact Us

We have experience resolving disputes through all forms of ADR, whether through direct negotiations, mediations, arbitrations, or otherwise. Contact Nematzadeh PLLC by calling (646) 799-6729 or emailing lawyer@nematlawyers.com for a confidential, free consultation to explore ways to resolve your potential disputes with adversaries successfully, confidentially, and quickly with relatively lower legal fees. With the right lawyers and sharp negotiators, your potential dispute with an adversary can turn into a mutually beneficial resolution that evolves into a long-term, sustainable relationship.