Alternative Dispute Resolution

Clients involved with certain legal matters are better served by pursuing alternative dispute resolution (ADR). Solutions such as mediation and arbitration provide confidential, cost-efficient alternatives to lengthy court proceedings. Archer’s Alternative Dispute Resolution Group offers comprehensive services of neutral mediator or arbitrator to bring closure to disputes, as well as attorneys who guide clients participating as parties to mediations or arbitrations.

We provide services throughout New Jersey and Pennsylvania. Once a client decides to pursue a matter through alternative means, our attorneys evaluate the most appropriate and effective resolution strategies to reach their goals.

Some of the more common alternatives to the traditional litigation process include:

• Arbitration. Arbitration is a simplified version of a trial involving limited discovery and simplified rules of evidence. In arbitration, a dispute is submitted to one or more neutral persons, who review the evidence, hear arguments, take testimony as needed, and decide the outcome in what is typically a binding decision.

• Mediation. Mediation allows parties to reach their own agreements in ways that are consistent with their interests and concerns and not necessarily dictated by their legal rights. A mediator assists the parties in arriving at their own solution. The parties retain ultimate control over the process and the resolution that may occur. Any negotiation is nonbinding, but a settlement puts an early end to the case.

• Mini-trials. Mini-trials involve a hearing before a neutral third party selected by the parties where attorneys for both sides make a brief presentation of the case. Typically used in commercial disputes, mini-trials allow the parties to retain control over the outcome and provide the opportunity for flexible solutions to a dispute.

Services

At the heart of our ADR practice are our attorneys who bring substantial professional and life experiences to each case, and who make it their goal to deliver innovative, creative and cost-effective solutions. Our ADR practitioners have experience in all aspects of dispute resolution and have handled significant arbitration cases in a wide spectrum of industries and business situations in state and federal courts, both locally and nationwide.

Through the breadth of Archer’s legal services, our ADR attorneys are able to draw upon the firm’s vast network of resources in assisting clients with ADR matters. From minor two-party conflicts to complex corporate and commercial matters, we counsel clients and assist in resolving disputes, including, but not limited to:

• Estate disputes
• Family and matrimonial matters
• Bankruptcies and workouts
• Complex financial issues
• Corporate restructurings
• Intellectual property conflicts
• Contracts and commercial agreements
• Construction claims
• Employment and labor matters
• Real estate conflicts
• Insurance claims
• Personal injury disputes

Archer’s ADR neutrals, who lead the ADR team, include The Honorable Marie E. Lihotz, retired Presiding Judge of the Appellate Division and the Honorable Raymond Batten, retired Judge of the Superior Court, both fellows of the National Academy of Distinguished Neutrals. Judges Lihotz and Batten mediate private and court ordered civil and family matters under Rule 1:40, service on the American Arbitration Association’s roster of contract, employment, and family arbitrators, and as rostered mediators for the New Jersey Federal District (Judge Batten) and Bankruptcy Courts (Judge Lihotz).

Our attorneys in the ADR group have extensive litigation experience and routinely and skillfully employ arbitration and mediation services to resolve client claims. They participate in key organizations that structure and administer the dispute resolution processes, and are current with the rapidly changing landscape of ADR. The group’s collective ADR and litigation capabilities, along with a track record of success, ensure clients receive the full benefit of our many years of experience providing practical and cost-effective solutions.