Alternative Dispute Resolution: Mediation & Arbitration
Alternative dispute resolution, or “ADR,” is a means for the expedited resolution of commercial, civil and employment disputes without a conventional courtroom trial. In general, ADR is often a quicker, more cost-effective means of resolving disputes. Mediation and arbitration are the most common ADR methods. Our attorneys have significant experience in representing people and businesses in both mediation and arbitration. We are dedicated to fighting for our clients’ rights.
Mediation is a process by which the parties take control of the outcome of their dispute, essentially taking the decision away from the judge and jury and putting it in their own hands. In mediation, a neutral third-party (offer, bujt not always, a lawyer or retired judge with no connection to the case or parties) tries to bring the parties together to reach a voluntary settlement to their disputes. In mediation, no decision will be made except the one the parties reach themselves. No ruling or judgment will be imposed upon them. Mediation has many advantages. It allows the parties to control their own fate; it reduces the cost of litigation, eliminates the expense of a trial; and eliminates the risk that a judge or a jury might not see the issues or evidence the same way. Mediation allows parties to resolve their disputes and move on with their lives. McLaughlin & Nardi’s mediation attorneys have represented people and businesses in hundreds of mediations. Indeed, Maurice McLaughlin is a seasoned mediator routinely appointed by the Superior Court of New Jersey to resolve lawsuits filed there, and also represents parties to litigation in both arbitrations and mediations. We have represented people and business in a wide range of mediation, including employment law, construction law, business law, property law, and partner and shareholder disputes.
In arbitration, a neutral third-party hears the parties’ evidence after limited discovery and makes a final, binding decision enforceable in court. The arbitrator is often an attorney who is not connected with the parties or the case, but is not always a lawyer; sometimes arbitrators are retired judges, accountants, professors, or other professionals. Arbitration has the advantage having a relatively swifter resolution because discovery is limited, there is no jury trial and appeals are severely limited. However, the same reasons which make arbitration faster than litigation also mean that the parties have less opportunity to discover the other side’s evidence before the hearing, they give up the right to a jury, and they have extremely limited grounds for appeal and will be forced to live with virtually all arbitration decisions even if they are wrong. Our attorneys have arbitrated many matters in binding and non-binding arbitration, in a wide range of practice areas from inception through appeals and have a significant record of success.
Our New Jersey Alternative Dispute Resolution Attorneys
Our attorneys have represented many businesses and people in both mediation and arbitration. Despite the fact that the results in mediation are often quicker and more cost-effective, our attorneys never forget that the outcomes are every bit as important as in court room trials. That is why we are tough fighters for our clients’ rights.
Please e-mail us or call (973) 890-0004 to schedule a time to speak with one of our attorneys.