Alternative Dispute Resolution (ADR) refers to the use of methods such as mediation and arbitration to resolve a dispute instead of litigation. With ADR, litigants are able to avoid the often extended litigation process while also craft their own solutions.
The lawyers at Epstein Ostrove are skilled in ADR procedures and work closely with you to help you determine the best dispute resolution process to help meet your needs. Discover your options regarding ADR methods and how our lawyers utilize them to effectively secure your goals.
The goal with ADR is for parties to resolve the dispute independently rather than involving the court system. Common ADR procedures include:
Negotiation, Facilitation, and Settlement Conferences These three types of ADR are used early in the process. Negotiation is an informal process in which the parties meet to discuss their stances and try to come to an agreement. Facilitation involves bringing in a third party to help each side clarify their viewpoints and goals. Settlement conferences may be initiated by the parties or the court itself. A settlement conference may be presided over by a judge or other neutral in an attempt to facilitate a settlement agreement. If a settlement is reached, the attorneys will memorialize it in a formal Settlement Agreement.
Mediation Mediation is a more formal ADR method in which the parties meet to discuss their case with a trained mediator. The mediator does not have the power to force a settlement but helps the parties explore options and manage the process. The parties control the substance of the discussions and any agreement reached. In mediation, any agreements made are binding and can be enforced by the court.
Arbitration Arbitration is the most formal ADR method. In arbitration, a third party hears both sides of the case and makes a legally binding decision. There may be hearings and discovery as part of the arbitration process. Arbitration agreements are binding and can be enforced by the court. Arbitration can be binding or non-binding. Binding arbitration means the parties agree to accept the arbitrator’s decision as final. Non-binding arbitration means the parties can request a trial if they don’t accept the arbitrator’s decision.
International Arbitration International arbitration is an ADR method used for cross-border disputes that involve parties from different countries. International arbitration provides an effective means of enforcing a decision in various countries.
Beth Din Jewish law prefers dispute resolution among Jews to take place through mediation or arbitration in a rabbinical forum. Beis Din is an arbitration panel comprised of one to three rabbis who adjudicate disputes according to halacha or Jewish law. While there are sitting Batei Din run by different Orthodox groups, the Beth Din of America has been recognized as one of the nation’s pre-eminent rabbinic courts and is located in New York. Epstein Ostrove has experience representing clients in Beis Din as well as consulting with clients who choose to go to Beis Din on their own.
The team at Epstein Ostrove includes lawyers who are NJ. Ct. R. 1:40 Qualified Mediators, included on the roster of Commercial Mediators by the New York Supreme Court, and are experienced in all aspects of cross-border arbitration.
We offer innovative services that allows us best meet the needs of each particular client. Whether advising clients on the proper drafting of ADR provisions or handling complex commercial cases before ADR panels, our team strives to get the best results for our clients.
And, if you are looking for an experienced Mediator to act as a neutral to help facilitate resolution of your dispute, we have years of experience doing that, too.