Alternative Dispute Resolution: Mediation and/or Arbitration in New York
Are you involved in a fee dispute with your client? Does your contract provide for alternative dispute resolution? If so, don’t worry. FFGN has extensive experience representing creditors in mediation and arbitration in and out of Court (ICC, AAA and others).
Mediation: Your contract calls for mediation before or instead of litigation.
Mediation is an attempt to resolve a dispute by using a neutral party, a mediator. A mediator’s role is to facilitate a resolution between the parties. The mediation can be held at a variety of centers, most often the State and location is dictated by the underlying agreement between the parties. Frequently the parties are represented by counsel. The parties may or may not agree to accept the mediator’s recommendation. If the matter is not resolved at mediation or if the debtor does not wish to mediate (assuming your contract does not call for arbitration after mediation), you may litigate the claim in the Courts. In mediation, the mediator is working with the parties to try to facilitate resolution.
Arbitration: Your contract calls for binding or non-binding arbitration.
FFGN will file the case for you, help guide you to select arbitrators, impartial third party(s), to hear and decide the dispute. Arbitration is less formal than litigation. The case is presented before a panel of one or three arbitrators who will render a decision. Arbitration has a special set of rules, procedures and regulations. Fees vary depending on which administrator is used. The award must be confirmed by a special proceeding.