When you run a small or medium-sized business, you need to focus on the successful operation of that business—not the time and expense of litigation. Despite this, disputes inevitably arise when conducting a successful business, and you need a talented team of lawyers who can help effectively resolve those disputes.
Our experienced business litigation attorneys at Posternock Apell, PC are here to help you keep your focus where it belongs. We pursue an ADR-first approach to business litigation when advantageous for our clients in order to resolve conflicts quickly and efficiently. We know how important it is to protect your business from disruptions. In many cases, our ADR-first approach to business litigation allows us to resolve your dispute before a formal complaint is even filed.
At Posternock Apell, PC, we have a combined 200-plus years of experience successfully representing clients in business matters throughout South Jersey. With our detailed understanding of the various forms of alternative dispute resolution and substantial experience acting as outsourced legal counsel, you can count on us to handle the legal issues while you concentrate on growing your business. To learn more about the benefits of our ADR-first approach and how we can help resolve your business dispute, call our office or fill out this online contact form to schedule a consultation.
What is Alternative Dispute Resolution, or ADR?
Alternative Dispute Resolution (ADR) can take several different forms. The overarching purpose behind each is the desire to resolve disputes on an expedited basis with little or no court intervention. At Posternock Apell, PC, our ADR-first approach focuses on advancing your business goals while resolving your current dispute. Initially, an ADR-first approach to business litigation involves exploring mediation and arbitration as potential options for resolving your dispute.
Mediation generally provides a forum for discussion between the parties that is mediated by a neutral third-party. The role of the mediator involves encouraging the parties to reach a mutually beneficial resolution. For many parties, mediation is an attractive alternative to business litigation because it is non-binding and fosters reasonable, efficient resolution of the dispute. Advantages of mediation include:
Allowing the parties to gain a better understanding of each party’s position,
Clearing emotions so that the parties can reach a reasonable agreement,
Providing a process to reach a reasonable middle ground without the risk of the “all or nothing” potential of a decision by a judge or jury,
Encouraging creative solutions that can pave the way for future collaboration and growth,
Providing privacy in avoiding the attention that court intervention or even arbitration can generate,
Resolving your business conflict at a much lower price point in most cases.
Arbitration can be either binding or non-binding but, in most cases, is at least partially binding. Similar to mediation, arbitration proceedings are directed by a neutral third-party (the arbitrator). The arbitration process is generally more streamlined and formal than mediation. While arbitration technically remains outside of the court process, both parties will present evidence and question witnesses in a way that is similar to a trial.
The terms of arbitration can vary significantly. In some cases, both parties retain the right to reject the arbitrator’s decision. In others, the parties may have the right to reject the decision based on certain triggers, such as when a monetary award exceeds a certain threshold.
Our South Jersey lawyers help you save time and money using an ADR-first approach to business litigation.
An ADR-first approach can work in a variety of situations. Our lawyers have successfully and efficiently helped clients resolve disputes involving:
Breach of contract,
Employment situations, including disputes surrounding non-compete agreements, employment termination, confidentiality and more,
Commercial real estate transactions,
Disputes over contract interpretation,
Commercial debt collection,
Shareholder and partner disputes.
Call our business law lawyers to learn more about how we can protect you.
Not only can an ADR-first approach provide a more efficient resolution to business disputes, but some consider it to be the future of business litigation. Many courts have already implemented a “presumptive ADR” system that highlights the need to obtain more meaningful resolution while reducing court backlogs. Presumptive ADR is an ADR-first approach mandated by the courts—meaning that some courts, even in New Jersey, now sometimes require the parties to first explore mediation or arbitration before the courts will intervene. At Posternock Apell, PC, our experienced business litigation lawyers are here to handle every aspect of an ADR-first approach, whether mandated or voluntary.
At Posternock Apell, PC, our lawyers know that your time is valuable. Our New Jersey business lawyers can guide you through the entire ADR process, speak on your behalf and explain every available option for reaching a favorable resolution in your case.
Call our office or fill out our online contact form to request a free phone consultation to learn more.
Frequently Asked Questions About Using An ADR-First Approach in Business Litigation
FAQ: If I choose an ADR-first approach to resolving my business litigation matter, what does the mediator actually do if not decide the case?
The role of the mediator is to facilitate negotiation and communication between the parties. The mediator helps to find common interests between the parties and re-frame arguments to help reach a mutually beneficial solution. The mediator may also present alternatives that can help both parties realize the benefits that can be reaped by accepting a creative “win-win” solution—often by pointing out issues that the parties may have overlooked.
FAQ: What does the lawyer in an ADR-first approach to business litigation do?
As your lawyers, we begin by negotiating the terms of the mediation or arbitration. We also gather detailed evidence and documentation to present the strongest possible case at the outset of the proceedings. We also shift our perspective to focus more highly on reaching a solution that can benefit your business both currently and going forward. We research and analyze the various options for resolution to ensure you understand all potential consequences so that you can make the most informed decision possible when faced with a mediator’s recommendations or an arbitrator’s non-binding decision.
FAQ: What if I’m ordered into mediation under New Jersey’s presumptive ADR program and we can’t resolve our issues?
Under the New Jersey program, you are allowed to withdraw after two hours of mediation for any reason. If you can show good cause, you can opt out entirely and we can pursue other avenues for resolving your claim.