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ALTERNATIVE DISPUTE RESOLUTION
Creative
Options for Resolving Disputes
The cost associated
with litigation, the bureaucracy and delay associated with the court system,
and the adversarial nature of litigation, make it a daunting process for
a growing number of individuals and businesses. There are many disputes
that, if the parties are willing and truly want to resolve them, can be
handled using more creative, non-judicial methods, which can be faster,
lower in cost, and much less adversarial than a formal court proceeding.
The Alternative Dispute Resolution practice group was formed within our
litigation department to resolve matters in this way.
Alternative Dispute Resolution
(ADR) is especially helpful in disputes where the parties have ongoing
relationships they wish to continue after the current dispute is resolved.
Because matters are usually resolved more expeditiously, the process tends
to leave fewer scars to dampen future relationships. Also, unlike litigation
- which is by necessity a matter of public record - ADR proceedings are
private, involving the parties on both sides and a neutral person. Thus,
sensitive information can be protected from public scrutiny.
Our ADR Team
In addition to advocating
our clients' positions in all types of ADR proceedings, we are highly
experienced in functioning as independent neutrals - mediators or arbitrators
-- to resolve disputes among companies or individuals who are not our
clients. Both federal and state courts regularly appoint the members of
our firm as mediators and arbitrators in business, employment and other
matters.
Our team is led by a former federal judge and a former New Jersey appellate judge who have more than four decades of experience acting as neutral judges in the courtroom setting and significant experience as mediators and arbitrators. The attorneys in this group represent more than a century of combined experience in resolving disputes.
Mediation
In
its simplest form, mediation is a flexible, non-binding confidential process
in which a neutral person facilitates settlement negotiations. The mediator
improves communications across party lines, helps parties articulate their
interests and understand those of the other party, probes the strengths
and weaknesses of each party's legal positions, identifies areas of agreement
and helps generate options for a mutually agreeable resolution to the
dispute. The mediator generally does not give an overall evaluation of
the case. A hallmark of mediation is its capacity to expand traditional
settlement discussion and broaden resolution options, often by exploring
litigant needs and interests that may be formally independent of the legal
issues in controversy.
Arbitration
Arbitration
is an adjudicative process in which an arbitrator or a panel of three
arbitrators issues a binding award on the merits after an expedited, adversarial
hearing. The ability of either party to appeal the award is very limited.
Arbitration occurs earlier in the life of a case than a trial and is less
formal and less expensive. Because testimony is taken under oath and is
subject to cross-examination, arbitration can be especially useful in
cases that turn on credibility of witnesses. Arbitrators generally do
not facilitate settlement discussions.
Saiber
attorneys practicing in this area include:
One Gateway Center 13th
Floor Newark New Jersey
07102-5311
Voice: 973.622.3333 Fax: 973.622.3349
Email: info@saiber.com
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