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Alternative Dispute Resolution -- mediation, negotiation, arbitration, or just plain talking sense to your adversary -- is the term lawyers use to describe any non-judicial dispute-resolution process. A.D.R. is an emerging legal specialty that promises a prompt and fair result at a fraction of the cost and aggravation of litigation. Studies of A.D.R. have shown that the greater the parties' control over the outcome of the dispute, the more likely they are to accept the result.
If A.D.R. is both time-saving and cost-effective, why, in a city where time and money are at a premium, does A.D.R. seem so rarely invoked? That is an excellent question, I think, but one that is too complex to answer here. In my opnion, litigants -- and too often, lawyers -- can be so blinded by emotion or caught up in their own agendas that they cannot find the bottom line; and fighting a war of attrition against an opponent with fewer resources pays, just often enough to keep the wheels of the litigation mills turning.
Some attorneys fear losing the tactical advantage by "showing their hand" to the opposition during A.D.R. All they may lose, however, is the chance to prolong the hostilities -- which too often becomes the goal.
As a legal consumer, ask yourself frankly whether your primary objective is legal hair-splitting, warfare, or a prompt and fair outcome. If a prompt and fair outcome is in fact your goal, consider A.D.R.-- as early as possible.
While it is a valid concern that A.D.R. can limit access to appellate review, it begs the question whether and how long you can afford to continue the litigation. Both your finances and peace of mind may have been decimated by the time an appeal is final, and an appeal guarantees only judicial review -- not reversal.
I believe that legal consumers will eventually come to understand what a cost-effective and powerful self-help tool A.D.R. is. A.D.R. is becoming more accessible, and is now sometimes offered through the courts. If you have a case pending and you want to try A.D.R., tell the presiding judge at the earliest opportunity.
Alternative Dispute Resolution
http://www.abcny.org/adr.html
-From the Bar of the City of New York
Alternative Dispute Resolution
http://www.eriebar.org/publicresources/adr.html
From the Bar Association of Erie County
American Arbitration Association
335 Madison Avenue
New York, N.Y. 10017-4605
(212) 716-3977
URL: http://www.adr.org
Alternative Dispute Resolution Program
NYS Office of Court Administration
State ADR Coordinator (212) 426-2756
-Statewide program administered through OCA
Bronx County
Institute for Mediation
and Conflict Resolution, Inc.
349 East 149th Street Suite 405
Bronx, N.Y. 10451
718-585-1190
Kings County (Brooklyn)
Victim Services (Safe Horizon)
210 Jorelemon Street Room 618
Brooklyn, N.Y. 11201
718-834-6671
New York County (Manhattan)
Victim Services (Safe Horizon)
346 Broadway Suite 400W
New York, N.Y. 10013
212-577-1740
New York County North
Washington Hts.-Inwood Coalition
652 West 187th Street
New York, N.Y. 10033
212-781-6722
Queens County
Community Mediation Services
89-64 163rd Street
Jamaica, N.Y. 11432
718-523-6868
Richmond County (Staten Island)
Staten Island
Community Resolution Center
42 Richmond Terrace
Staten Island, N.Y. 10301
718-815-4557
Community Dispute Resolution Centers
98 Nivers Street
Cohoes, N.Y. 12047
(518) 238-2699
CPR Institute for Dispute Resolution
366 Madison Avenue
New York, N.Y. 10017-3122
(212) 949-6490
JAMS/Endispute
45 Broadway
New York, N.Y. 10006
(212) 751-2700
National Arbitration Forum
P.O. Box 50191
Minneapolis, Minnesota 55405
800-474-2371
Contact: Curtis Brown, Gen. Counsel
URL: http://www.arb-forum.com
National Arbitration & Mediation (NAM)
101 Northern Blvd., Suite 336
Great Neck, N.Y. 11021
(516) 829-4343
Resolute Systems, Inc.
1325 Franklin Avenue, Suite 95
Garden City, N.Y. 11530
(516) 294-5580
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