The Stark & Stark Alternative Dispute Resolution (ADR) practice is a means of efficiently resolving business disputes outside of the courtroom. Rather than potential lengthy litigation, the practice focuses on customized, creative and satisfactory legal solutions through mediation, negotiation, conciliation and arbitration. As burgeoning court queues, rising costs of litigation and decision delays plague litigants, we recognize the potential importance of mediation and arbitration in resolving disputes between parties.
Our Alternative Dispute Resolution business attorneys appreciate the practical realities of mediation and the enormous potential to fashion creative mediated solutions, serving as counsel in settlements ranging from small amounts to million dollars, depending on the matter.
The two most common forms of ADR include mediation and arbitration, utilizing negotiation as the first attempt to resolve a dispute. This form of dispute resolution allows each party to meet and control the process toward an eventual solution. Using mediators trained in negotiation, we bring parties together in an attempt to work out an agreement each can accept.
Arbitration is often thought of as a simplified version of a trial involving discovery and rules of evidence. Arbitration can be either voluntary or mandatory; although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all existing or future disputes to arbitration, without necessarily knowing, specifically, what disputes will ever occur. Additionally, arbitration can be either binding or non-binding.
Non-binding arbitration is similar to mediation, in that a decision cannot be imposed on the parties. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the damages payable.
Client Driven Approach
Our business-focused culture allows us to bring the skills needed to effectively manage Alternative Dispute Resolution across a wide variety of industries, including but not limited to:
- Business transactions
- Condominium transition
- Construction litigation
- Estate planning
- Insurance coverage
- Real estate
- Wide range of general commercial matters
Do You Need an Alternative Dispute Resolution Lawyer?
The Stark & Stark Alternative Dispute Resolution group consists of certified Civil Trial attorneys; certified Matrimonial attorneys; and attorneys named to the roster of mediators for the statewide Mediation Program for Civil, General Equity, Matrimonial, Probate and Bankruptcy Litigation matters, established by the Judiciary of the State of New Jersey.