- Arbitration and Mediation
When civil disputes arise, often the first ‘impulse’ is to file a lawsuit and litigate. What many people don’t realize, however, is that such claims are expensive, time-consuming and out of your control. Litigation can end up costing thousands of dollars, often making “winning” the dispute not worth the hassle—both financially and otherwise—in the end. Your court dates could be held up for any number of reasons, and the time spent waiting on your case to appear on the court docket is time that could be better spent doing other things. Also, when you litigate a dispute, a judge (and possibly jury) will have the power to make important decisions that will affect the rest of your life.
Arbitration, however, is a form of Alternative Dispute Resolution (ADR) that allows parties in dispute to be heard quickly and fairly by a neutral, third-party arbitrator or panel of arbitrators. Costing less than the final price of litigation, arbitration offers an efficient, legal alternative to lengthy and public litigated disputes. Arbitration clauses can also be included in many employment and civil contracts, ensuring that should a dispute arise, arbitration would be the required method for resolving it.
Mediation is often an even better solution because the parties in dispute remain in complete control over the outcome of their settlement. Through careful and open discussion, assisted by a neutral mediator who is trained in the art of facilitating communication, disputants can reach mutually agreed-upon settlements that can be revisited through litigation at a later date. Through mediation, sensitive issues such as sexual harassment claims can be dealt with in an empowering, constructive way that helps maintain important relationships.
Whether through arbitration or mediation, Roger H. Madon has helped thousands of clients find satisfactory conclusions to their legal disputes in New York. If you are involved in a legal dispute in the area of employment or labor law, contact our offices today.
- Early Neutral Evaluation
Early Neutral Evaluation (ENE) is an assessment process whereby parties in a dispute can receive expert opinion concerning the best course of legal action to resolve their conflict. In ENE, a neutral, third-party evaluator will hear possible claims and supporting evidence, while encouraging direct communication between the parties in dispute. The evaluator will then provide the parties with best and worst case alternatives according to the law in an attempt to help them determine the best settlement.
When seeking a professional evaluator for the ENE process, it is important to find someone familiar with the industry or type of law related to the conflict. For example, when a dispute arises at the workplace and there’s an employment contract involved, seeking out an evaluator who is well-versed in labor and employment law can help both parties have a clearer picture of their options. These options might include:
- The potential outcome of litigating the dispute, including best and worst case scenarios for everyone involved.
- The documentation that will be needed or sought after in the discovery process.
- The various approaches that can be used to resolve the conflict other than litigation, including mediation and arbitration.
The Early Neutral Evaluation process generally takes no more than 14 days from the initial meeting, at which point the evaluator will present both sides with his or her professional legal evaluation of the situation. Since obtaining an Early Neutral Evaluation can help all parties involved in a dispute save time and money, many employers are including ENE clauses in their written agreements and contracts. The agreement simply states that should a dispute arise, all parties agree to mutually choose an evaluator to facilitate the ENE process before any suit is filed with the courts.
Roger H. Madon has helped many clients find satisfactory conclusions to their legal disputes through the process of Early Neutral Evaluation. If you are involved in a legal dispute in New York in the area of employment or labor law, contact our offices today.
- Discovery Dispute Resolution
In matters of law, the process of discovery for dispute resolution is used in pre-trial, and consists of each party involved in the dispute obtaining evidence related to the claim. In other forms of Alternative Dispute Resolution like mediation and arbitration, discovery provides the framework upon which the discussion will be built. In mediation, particularly, this quality and thoroughness of this discussion will mean the difference between a successful resolution or an unsuccessful one, so it could be argued that discovery for dispute resolution is the most important part of the mediation process.
The various methods used in discovery can include, but are not limited to, the following:
- Requests for answers to specific questions
- Requests to produce or copy certain documents
- Requests for admissions
- Requests for depositions
If discovery needs to be gathered from a party who is not a part of the dispute, a subpoena is usually used to do so. Also, if any party refuses to participate in discovery, or refuses to provide the information needed, a request to a judge can be made to compel participation.
Discovery can include records and information found electronically or disseminated through testimony or deposition. It can also include official reports and copies of pertinent contracts signed between parties. In cases of employment termination or employment discrimination, it is important to include as much of a “paper trail” as possible in the discovery process so that the evaluator of the case has the most accurate, objective and up-to-date information available.
Roger H. Madon has extensive experience in discovery and matters related to discovery dispute resolution. As a New York mediator and arbitrator in matters related to employment and labor law in, he has helped many clients find satisfactory conclusions to their legal disputes through discovery. If you are involved in a legal dispute in the area of employment or labor law, contact our offices today.