Mediation &
Arbitration

Two Different Processes,
Both Alternatives to Trial

Mediation and arbitration are often grouped as "ADR," but they are structurally different. In mediation, a neutral third party facilitates settlement discussions between the parties. The mediator has no authority to decide the dispute; the parties retain full control over whether to settle and on what terms. A mediated settlement, once signed by the parties, is a contract enforceable in court.

In arbitration, the parties agree to submit the dispute to a neutral arbitrator (or panel) whose decision is binding. Arbitration in New York is governed by CPLR Article 75. An arbitration award is confirmable as a judgment of the court under CPLR § 7510 and is reviewable only on the narrow grounds set out in CPLR § 7511, which do not include substantive error. The practical consequence is that arbitration trades the right of appeal for speed, privacy, and specialized decision-makers.

Michel Law represents clients in both postures: as party counsel at mediation, and as advocate before an arbitrator. The firm does not serve as a neutral mediator or arbitrator; the firm's role is adversarial representation on behalf of the client, applied in a non-litigation forum.

Scope of
Representation

When ADR Is
The Right Forum

The parties want privacy. Divorce, estate, and family business disputes often involve information the parties would prefer not to appear on a public docket. A mediated settlement is a private contract; an arbitration award, while confirmable, limits the record that becomes public to the award itself.

The parties want speed. A contested matrimonial action in Nassau or Westchester takes 18 to 36 months to judgment. A mediated settlement can conclude in 3 to 6 months. Arbitration under a well-drafted clause can conclude in 6 to 12.

Preserving an ongoing relationship matters. Co-parents, business partners, siblings administering a parent's estate, and co-owners of family real property often have reasons to end the dispute without burning the relationship. Litigation to judgment can make reconciliation impossible; a mediated settlement often preserves it.

The dispute requires specialized expertise. Where the facts turn on valuation, accounting, or technical business issues, an arbitrator chosen for subject-matter expertise can produce a better decision than a court assignment to a judge with a general docket.

Where Court
Is the Right Forum

Mediation and arbitration are tools, not substitutes for litigation in every case. We counsel against ADR where urgent injunctive relief is required (lis pendens, TROs, emergency orders of protection), where the opposing party is bargaining in bad faith, where a party lacks the information needed to settle intelligently and discovery is required, where the matter involves public rights that only a court can declare, or where establishing a court record is itself the strategic goal. Honest advice about when ADR will not serve the client is part of the engagement.

Hourly, With a Written
Estimate at Intake

Mediation and arbitration representation is billed at the firm's standard hourly rate. Because the time required depends on the number of sessions, the volume of pre-session preparation, and the opposing party's cooperation, flat-fee quotes are not appropriate. At intake we provide a written estimate of the hours anticipated for the full engagement and update it as the matter develops. Fees for the mediator or arbitrator (and any administering body such as AAA or JAMS) are separate and are paid directly by the parties under the terms the parties agree.

This page is provided for general informational purposes only and does not constitute legal advice. The law applicable to your specific situation may differ. Please consult qualified legal counsel regarding your circumstances. Attorney Advertising. Prior results do not guarantee a similar outcome.