The New York state court system is dedicated to resolving the legal disputes of its residents, whether large or small. Our courts stand ready to hear an endless variety of cases, ranging from multi-million dollar breach of contract claims to slip-and-fall accidents, from mortgage foreclosure to heartbreaking child custody disputes. However, the sheer volume of the court system’s caseload, in both the trial courts and the Appellate Divisions, can make litigation a time consuming process. As attorneys are well aware, litigation can also be prohibitively expensive, particularly when clients are people of limited means. For these reasons, it is important for the courts themselves to remind attorneys and litigants that we are not the only game in town.
In some cases, depending on the nature of the dispute and the circumstances with which the parties are presented, it may be appropriate for attorneys to explore one or more methods of alternative dispute resolution (ADR). Arbitration, for example, has long been supported by the judiciary as a useful method for resolving controversies. The arbitrator, whose decision may be binding or non-binding, plays a role similar to that of a judge, and the proceeding remains adversarial in nature, but the governing rules and procedures are simplified. Mediation, in which the parties play a more active role in working out their differences, can be another viable alternative. The mediator does not act as a decision-maker, but instead seeks to facilitate discussion and cooperation between the parties in resolving their differences.
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