Alternatives to Litigation
Going to court to vindicate your rights and get what you are entitled to is an option, but not necessarily the only option. There are various alternatives to litigation which are worth considering for a variety of reasons. These reasons range from the expense of litigation, the time it takes to have a lawsuit resolved, to ability to control or limit certain information that some parties would just as soon keep private and confidential, among other reasons. Prior to commencing a lawsuit it is essential to understand not only what litigation in court means for you but, also, what options to litigating may exist and how they work. In addition, some of these alternatives for resolving disputes may be an option even after a lawsuit has been commenced. The business litigation attorneys at Kravet & Vogel, LLP are familiar and have experience with these options and can discuss and counsel you on what makes the most sense for you and/or your company, not just at the beginning of the process but, at every step of the way.
Mediation is a process which both sides participate in by agreeing to meet with a neutral third-party who attempts to facilitate a voluntarily resolution of the dispute. The third-party, or mediator, does not render any decision or otherwise decide the dispute. That is, there is no winner or loser. Rather, the parties, with the assistance of the mediator, work towards a mutually acceptable resolution. If either side does not wish to resolve the dispute then there is no agreement and the parties are free to pursue whatever remedies are available to them, including going to court. The benefits of mediation are that it is a relatively inexpensive means of resolving a dispute, what occurs is confidential, and there is no downside to mediating. Although mediation is a relatively informal process, it is crucial to be well prepared before sitting down to mediate by having experienced legal counsel assist both in that process as well as during the mediation.
Like mediation, arbitration is another alternative to litigation. However, unlike mediation, the arbitrator (or arbitrators) will render a decision regarding the merits of the dispute between the parties. In arbitration, the parties typically choose who the arbitrator(s) will be, which means that the person deciding the dispute can be someone with a background or expertise in the industry out of which the case arises. Arbitration is usually less formal and less expensive than litigation, and decided in a shorter period of time than court cases. Also, unlike a court decision, an arbitral award is not subject to appeal. Arbitration is often required under the terms of a written contract. Even if not contractually required, parties to a dispute can agree to have their controversy arbitrated rather than decided by a court of law. As with any legal proceeding, it is essential that the case be well strategized, thoroughly prepared, and skillfully presented by experienced legal counsel.
Contact a Business Attorney New York City
Whether mediation, arbitration, or court proceedings is the best option for addressing your dispute, the experienced business lawyers at Kravet & Vogel, LLP can assist you in making that decision.