What We Do | Arbitration/Dispute Resolution
While aggressive representation is often the way to achieve our client’s goal in litigation, our attorneys have extensive experience with methods of alternative dispute resolution, including mediation and arbitration, and have used them to achieve satisfactory results. Many courts order mediation at some point during the pre-trial process. In addition, commercial contracts frequently contain clauses requiring the parties to engage in arbitration or mediation, in lieu of filing a lawsuit in court.
Gary Kessler and Howard Rubin have completed extensive training in mediation and have each served as mediators in significant matters. They, as well as the other attorneys in the firm, know the strategy of negotiation in the context of a mediated settlement conference and take the time to counsel our clients on the process, negotiation strategies and expected results of this dispute resolution method. As a result, many of our cases are successfully mediated to settlement during the litigation process.
The decision to refer a case to the private “judicial” system of arbitration is frequently a difficult one. Depending on the facts of each case, arbitration contains benefits and costs that are not readily apparent. Like litigation, the arbitration process has its own inherent risks and anyone pursuing arbitration should be well informed of the potential outcome. Kessler & Collins provides careful counseling to clients regarding decisions to arbitrate or litigate. The attorneys of Kessler & Collins have represented clients in various types of cases before the American Arbitration Association and FINRA Dispute Resolution, Inc. and have key insight into the procedures and arbitrator selection processes of these primary private dispute resolution services, as well as other similar providers. While avenues to review adverse arbitration decisions are limited, Kessler & Collins has successfully vacated arbitration awards in both federal and state courts.
Internal Links:
Litigation
External Links:
American Arbitration Association