Alternative Dispute Resolution

Negotiation, Facilitation, and Settlement Conferences These three types of ADR are used early in the process. Negotiation is an informal process in which the parties meet to discuss their stances and try to come to an agreement. Facilitation involves bringing in a third party to help each side clarify their viewpoints and goals. Settlement conferences may be initiated by the parties or the court itself. A settlement conference may be presided over by a judge or other neutral in an attempt to facilitate a settlement agreement. If a settlement is reached, the attorneys will memorialize it in a formal Settlement Agreement.

Mediation Mediation is a more formal ADR method in which the parties meet to discuss their case with a trained mediator. The mediator does not have the power to force a settlement but helps the parties explore options and manage the process. The parties control the substance of the discussions and any agreement reached. In mediation, any agreements made are binding and can be enforced by the court.

Arbitration Arbitration is the most formal ADR method. In arbitration, a third party hears both sides of the case and makes a legally binding decision. There may be hearings and discovery as part of the arbitration process. Arbitration agreements are binding and can be enforced by the court. Arbitration can be binding or non-binding. Binding arbitration means the parties agree to accept the arbitrator’s decision as final. Non-binding arbitration means the parties can request a trial if they don’t accept the arbitrator’s decision.

International Arbitration International arbitration is an ADR method used for cross-border disputes that involve parties from different countries. International arbitration provides an effective means of enforcing a decision in various countries.

Beth Din Jewish law prefers dispute resolution among Jews to take place through mediation or arbitration in a rabbinical forum. Beis Din is an arbitration panel comprised of one to three rabbis who adjudicate disputes according to halacha or Jewish law. While there are sitting Batei Din run by different Orthodox groups, the Beth Din of America has been recognized as one of the nation’s pre-eminent rabbinic courts and is located in New York. Epstein Ostrove has experience representing clients in Beis Din as well as consulting with clients who choose to go to Beis Din on their own.