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Alternative Dispute Resolution

  • Representation of clients in mediations, arbitrations, and other alternative dispute resolution proceedings across a wide range of commercial, real estate, employment, healthcare, and family law disputes
  • Team includes trial and transactional lawyers, former judges, court appointed mediators, arbitrators, and special masters, many of whom are American Arbitration Association-trained
  • Effective resolution through ADR upholds the rights of all parties, meets their objectives, preserves personal and business relationships, and avoids the time and expense associated with traditional litigation

Alternative dispute resolution (ADR), stated simply, is the process of equitably resolving disputes outside of traditional litigation. The practice of ADR utilizes a variety of methods including negotiation, mediation, arbitration, neutral evaluation and other creative alternatives to formal court proceedings. The goal of ADR as an alternative to litigation is to encourage parties to reach consensus and resolve disputes, generally with the assistance of a neutral third party, but without the involvement of a judge or jury. 

Greenbaum’s ADR practice team is a diverse group of attorneys who focus on various areas of litigation, as well as corporate, real estate, construction, environmental, healthcare and family law. They include trial and transactional lawyers, former judges, court appointed mediators, arbitrators and special masters. A number of our attorneys are American Arbitration Association (AAA) trained mediators and arbitrators who serve on AAA national, employment, commercial, and construction panels.

ADR may come into play in the settlement of construction and real estate conflicts, complex commercial disputes, bankruptcy proceedings, family law disputes, employment matters, healthcare disputes, estate claims, environmental matters, and disputes among business owners including post-acquisition disputes and corporate governance conflicts.

Our approach is centered on sophisticated strategies for conflict resolution that place an early and comprehensive focus on interpersonal relationships, transaction details, and other relevant factors that have contributed to a dispute. When appropriate and viable, it may then be possible to obtain an effective resolution through ADR that upholds the rights of all parties, meets their objectives, preserves personal and business relationships, and avoids the time and expense associated with traditional litigation.

Representative Matters

Arbitrations

  • Arbitration against the residential developer of a ground-up mixed-use project in Essex County in which the firm represented the developer of the project's retail component in disputes over construction general conditions and soft costs.  
  • Arbitration of breach of contract and change order claims arising from the deconstruction of a large commercial building complex.
  • Arbitration of a dispute seeking dissolution or dissociation of a business member based on alleged multimillion-dollar fraud, misappropriation, breach of fiduciary duty, and self-dealing. 
  • Arbitration of claims alleging wrongful termination and employment discrimination arising from the severance of a senior officer of a Fortune 100 company overseeing operations with a $1.7 billion annual budget. 
  • Arbitration of the enforcement of restrictive covenants and related counterclaims arising from the expulsion of a physician partner from a surgical practice. 
  • Arbitration of multiple matters brought by delivery drivers alleging employee misclassification despite compensation through closely held entities. 

Mediations

  • Mediation of a partnership dissolution involving asset distribution, sale of business real estate, employee retention, and alleged misappropriation of partnership assets. 
  • Mediation of claims alleging fraud in the sale of a multi-million-dollar business and counterclaims for breach of contract. 
  • Mediation of a dispute involving premium collection for large workers’ compensation and automobile insurance policies and counterclaims against an agent for failure to properly place coverage. 
  • Mediation of employment claims alleging hostile work environment, sexual harassment, wrongful termination, and retaliation. 
  • Mediation of a dispute seeking recovery of substantial commissions allegedly owed to a sales representative. 

Seminars & Events

Of Interest