National and International Alternative Dispute Resolution

ADR focus

Alternative Dispute Resolution (ADR) is a process in which a neutral third party helps disputants reach amicable resolutions to legal conflict.  ADR often resolves conflict without the cost, the delay, and the unpredictability associated with the traditional justice system—at the same time, improving workplace communication and morale.

ADR capabilities

New Jersey mediation lawyer Jerry D. Goldstein employs solution-oriented techniques and strategies to pursue positive outcomes in labor-management negotiations.  Through insight gained at Cornell's Institute of Labor Relations, his ADR practice focuses on providing flexible and versatile conflict resolution services.  His focus areas include:

• Mediation

  Disputants retain the services of a third-party mediator to generate discussion and direct the conversation to the matters at issue.  The mediator is an unbiased sounding-board who contributes to the process by generating creative suggestions and intervening when the discussion moves off track.  Mediation allows the disputants to negotiate and reach a compromise that works for them in the long-term.  Only the disputants themselves can decide the final outcome of mediation.  Mediation does not require the use of attorneys, but attorneys are sometimes used in the process to protect each party's interests.  If mediation fails, you still have the option to enter into courtroom litigation.

  Mediation may be the right choice for you when you believe that compromise is possible in your case.  Advantages of mediation include:

  • Presence of a mediator - Achieve resolutions to your disputes guided by a trained mediator.
  • Confidential - Pursue your options openly. Usually, courts cannot access mediation records. 
  • Cooperative climate - Establish future relationships in negotiations aimed at compromise.
  • More control over cost - Save money on court costs.
  • More control over outcome - You decide how to resolve the conflict, not a mediator or judge.
  • More control over timeframe - Work out a resolution at your own pace. 
   

• Arbitration

  An arbitrator - like a judge - decides the outcome of a dispute in arbitration.  The disputants themselves get to select the person who serves as arbitrator, which can be useful when the case involves highly complex ideas, principles, or concepts.  An attorney is almost always necessary to represent each party in arbitration because the arbitrator's decisions are almost impossible to overturn in most courts. 

  Many contracts, including employment contracts, make arbitration mandatory upon acceptance of the offer, product, or service.  Once employees accept the offer of employment, they waive their right to resolve their disputes in court with the help of a judge and jury.  Advantages of arbitration include:

  • Choice of decision-maker - Appoint an arbitrator with the appropriate level of skill, experience, objectivity, and technical expertise to make decisions in your case.
  • Confidential - Proceedings are confidential to the extent that no one expresses the intent to commit a crime and that there is no substantive reason to compel court-ordered testimony.
  • More control over cost - Save money on court costs.
  • More control over timeframe - Work through the issues at your own pace.
   

• Facilitation

  Facilitation is a technique that is most appropriate when the matters at issue are not hotly contested and the parties are not polarized on the subject.  Each party should be willing to compromise to come to a mutually acceptable decision.  Attorneys are usually unnecessary in facilitation.

  In facilitation, facilitators focus on the process of improving communications, rather than the substantive issues involved.  Facilitators remain impartial and provide procedural instructions to move the meeting forward to resolution.  The disputants themselves make decisions to achieve mutually satisfactory outcomes.

  Advantages of facilitation include:

  • Efficiency - Use your time constructively.  Stay focused on the end-goal.
  • Improved communications - Minimize disruptions from assertive participants.  Hear minority points of view.
  • Structured process - Plan, problem-solve and set goals.  Minimize conflict and maximize effectiveness.

Back to Top

ADR Practice

New Jersey arbitration lawyer Jerry D. Goldstein brings skill, experience, and dedication to the negotiation table.  He serves as an ADR Neutral and ADR Advocate in business, commercial, real estate, and civil disputes.  Hand-selected for participation in Cornell's inaugural Industry and Labor Relations - Alternative Dispute Resolution program, he has received intensive training in the strategies and tactics used in today's alternative dispute resolution forums.  He continues to pursue positive outcomes for his clients in labor-management dispute resolution. 

Contact Jerry D. Goldstein today: (973) 595-5727.