ALTERNATE DISPUTE RESOLUTION
Liebler, Gonzalez & Portuondo provides Alternative Dispute Resolution (“ADR”) as a cost-effect solution to quickly remedy issues. ADR allows our clients to leverage control over the situation, all while saving time, money and preserving relationships. Our ADR practice uses both mediation and arbitration as expedient and cost-effective solutions.
Mediation
Our practiced mediators are trained in brining opposing parties together. This informal alternative to litigation helps our clients work out a settlement or agreement that both parties accept or reject.
Liebler, Gonzalez & Portuondo helps our clients fully understand the mediation process, which is an effective tool when emotions are getting in the way of resolution. Our expert mediators will hear both parties out and help them successfully communicate with one another. Mediators do not decide the dispute; they help the parties communicate so they can settle the dispute themselves.
Arbitration
We recognize the growing appeal of arbitration, particularly as an option that can lawfully prohibit class and collective actions. Our holistic approach gives clients smart options that make the best business sense for them. This includes:
• Deciding whether to implement an ADR (Alternative Dispute Resolution) policy at the workplace
• Drafting a viable arbitration agreement for your company
• Assisting in presenting arbitration agreements to your employees legally so they will be upheld by the courts if ever contested
• Litigiating the enforceability of arbitration agreements
Liebler, Gonzalez & Portuondo guides our clients through the arbitration process. This simplified version of a trial is decided on by an arbritation panel, which is comprised of one or more arbitrators who have experience in the particulrar area of law that is in dispute. The arbritration panel hears the matter and makes a decision. The hearing may last anywhere between one day to one week, depending on the complexity of the issues involved, and may include limited discovery and simplified rules of evidence.
Arbitration may be either “binding” or “nonbinding.”
• Binding arbitration means that the parties waive their right to a trial and accept the arbitrator’s decision as final. Generally, there is no right to appeal an arbitrator’s decision. If parties want to retain control over how their dispute is resolved binding arbitration is not appropriate.
• Nonbinding arbitration means that the parties are free to request a trial if they do not accept the arbitrator’s decision.
At the conclusion of the hearing, the arbitration panel will deliberate and issue a written decision, also known as an arbitral award. The arbitration panel’s findings are not public record.
Our experiences gives us the skills to help you legally administer arbitration agreements and awards, which are enforceable under both state and federal law.
