Alternative Dispute Resolution
Mediation, arbitration, and other alternative dispute resolution techniques can save litigants substantial legal expenses, as well as avoid risk, achieve early resolution, and preserve valuable internal resources. We often suggest mediation, even in the midst of highly contentious matters, and have used mediation in all types of litigation with excellent results for our clients. We also have taken the initiative to use arbitration in appropriate cases, and obtained very positive results with significant savings in legal expenses. We take advantage of the substantial experience that several of our lawyers have in serving as neutrals, and we partner regularly with our clients during the ADR process.
Several of our lawyers frequently serve as mediators. The ADR team leader is an active neutral, serving frequently as a mediator and arbitrator, both through the American Arbitration Association and privately. As mediator, he has facilitated settlements in more than 90 commercial or construction cases in recent years. He also has handled a number of arbitrations as sole arbitrator, as chair of the panel, or as a member of the panel. Mr. Kurland regularly speaks on mediation and arbitration techniques to professional groups, and frequently has served as an instructor at AAA arbitrator training programs. Another of our partners, Sharon Porcellio, regularly handles mediations as an approved mediator through the federal court, as well as in securities cases, and another of our lawyers, Robert Feldman, does arbitration and mediation cases through the State of New York Public Employment Relations Board.
Representative matters we have resolved through mediation include:
- Failure of air pollution control system at manufacturing facility to function efficiently.
- Medical malpractice arising from failure to diagnose rare brain anomaly.
- Serious injury claim arising from sexual assault.
- Claims arising from contentious tenure denial process.
- Wrongful death arising from pulmonary bronchoscopy.
- Muiti-plaintiff race and national origin discrimination claims.
- Failure of facade of high-rise office building.
Cases that we have arbitrated on behalf of our clients have involved the following alleged claims:
- Failure of custom-built processing equipment to function properly.
- Failure of product line obtained through acquisition to perform as represented.
- Inaccurate construction cost estimate provided by architect.
- Wrongful termination of executive officer of closely-held company.