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Mediation Arbitration

Mediation & Arbitration

Experienced Mediation Lawyers Offering Services in Albany and all of Upstate NY

Mediation and arbitration offer an alternative to the expense and uncertainty of protracted litigation. Some cases must be tried, but alternative dispute resolution (ADR) offers many advantages when the costs, risks and length of a trial outweigh the potential upside.

The law firm of E. Stewart Jones Hacker Murphy invites both plaintiff attorneys and defense counsel to explore the merits of mediation or arbitration. Our veteran litigators, James Hacker, Mark Sonders and retired United States Magistrate Randolph Treece are available as neutrals to other parties in litigation. Their decades of trial experience in diverse areas of civil practice lends to practical and efficient resolution of even the most complex legal conflicts. Mr. Hacker,Mr. Sonders and retired Magistrate Treece regularly serve as mediators and arbitrators in the Greater Capital District and throughout New York State.

Whether you are working proactively to avoid escalation of a dispute, or have reached an impasse in state or federal court litigation, alternative dispute resolution may be the conscientious and cost-effective option.

View Mr. Hacker’s schedule and request an appointment » 

View Mr. Sonders’s schedule and request an appointment »

They have served as neutrals in the mediation and arbitration of:

  • Commercial litigation and business litigation
  • Real estate litigation and construction litigation
  • Labor and contract disputes
  • Personal injury and wrongful death lawsuits
  • Product liability
  • Insurance subrogation
  • Property loss and other insurance coverage disputes

A mediator’s role is to facilitate talks between parties who are motivated to settle but perhaps far apart on the money or other key issue. In arbitration, both sides submit their positions to an arbitrator who renders a decision as a “jury of one.” The binding decision can be converted to a judgment.

Exploring Alternative Dispute Resolution

The growing trend toward arbitration and mediation is a response to the increasing expense of full-fledged litigation. For all the investment, preparation, and strategizing, going to trial often comes down to a “battle of the experts” or the whims of New York juries. Not every case is amenable, but there are many reasons to consider mediation or arbitration:

  • A considerably compressed timetable
  • Substantially lower legal costs
  • Creative solutions not available in a verdict or judgment
  • A confidential or face-saving resolution
  • Preservation of business relationships or family peace
  • Fewer formalities and procedural restrictions
  • Consideration of evidence or issues excluded in a trial
  • The arbitrator/mediator’s familiarity with the subject matter (compared to a jury and perhaps a judge)
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Have Questions?

We Have Answers!
  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.