Arbitration and Mediation

Mediation, arbitration, and other forms of alternative dispute resolution (ADR) are rapidly becoming the forum of choice by many businesses, insurance companies, and others who wish to avoid the cost, delay, and risk of having their disputes decided by a judge and jury. Whether you are a business seeking a rapid resolution of a commercial dispute or an individual or company being unfairly forced to arbitrate a case, it is important that you retain an experienced attorney.

Sanford F. Young represents companies and individuals in disputes before the American Arbitration Association (AAA), JAMS/Endispute, New York Stock Exchange (NYSE), and other ADR forums. Mr. Young also takes great interest in representing clients who are fighting against the validity or application of forced arbitration clauses or unreasonable decisions.

Arbitration

While arbitration is not appropriate in every case, it presents numerous advantages over traditional litigation:

• The discovery process is streamlined
• The process should be quicker
• The rules of evidence are relaxed
• Arbitrators often have backgrounds in the area of dispute
• Legal fees may be lower

But Arbitration is Not in Everyone’s Best Interest

Many large businesses favor arbitration because it limits their exposure to discovery where they would otherwise have to open up their books and records to the claimant, and allows them to avoid the risk of large jury verdicts. For that reason, many individuals and small business do not favor arbitration.

The High Cost of Arbitration: When large companies dictate or otherwise induce individuals or small businesses to agree to arbitration clauses, they do not disclose that the cost of arbitration is high and may be unaffordable. Unlike courts and judges that are paid for by your taxes, arbitrators and their companies are private and exact high fees for their services. These cases often involve people who have been misled into signing arbitration agreements through the company’s misrepresentation of failure to disclose.

Sanford F. Young is currently handling a ground-breaking appeal to uphold the ruling of the New York Supreme Court which threw out an unfair arbitration provision in a lawsuit by a severely injured seaman who was misled into signing a post-injury arbitration agreement and cannot afford to pay $9,250 for the filing fee.

Arbitrators’ Decisions are Generally Final, No Matter How Inequitable: Judges’ decisions and jury verdicts can always be appealed to a higher court, where they may be thrown out if erroneous or unreasonable. However, decisions by arbitrators are almost always final and binding no matter how wrong or unfair they may be. Although extremely difficult, Mr. Young represents clients who have been victimized by inequitable and baseless arbitration decisions.

Mediation

Mediation is generally a non-binding effort by parties to have their dispute heard by an impartial mediator. The mediator’s job is to provide a non-threatening forum where each side can present their point of view, gain some insight into each side’s strong and weak points, and attempt to negotiate an amicable settlement.

Contact Our New York Lawyers

If you are seeking advice or representation for arbitration, mediation or other ADR matters, please contact the Law Offices of Sanford F. Young. Our firm serves clients in New York City, the New York-New Jersey metropolitan area, throughout New York State, and Northern and Central New Jersey, and can be reached by calling 212-227-9755, by e-mail, or by filling out the in-take form on our Contact Us page. Our offices are located in the financial district of Manhattan, near Wall Street, across from New York’s City Hall, and around the corner from the World Trade Center site, and easily accessible by public transportation or car.