The rising cost of litigation and the growing pressure to manage legal budgets have made alternative dispute resolution an attractive option for resolving disputes. However, while many attorneys tout ADR as cheaper or more advisable, it is not a universal solution to the expense or demands of litigation. At Yankwitt LLP, we treat ADR as one of several strategic tools rather than a default path. We listen closely to our clients’ goals and design a tailored strategy for each matter that delivers the strongest results in the most cost-effective manner possible. Early in every engagement, we evaluate the practical, financial and procedural factors that might influence whether ADR will meaningfully advance our clients’ interests.
Alternative Dispute Resolution: Arbitration
Yankwitt LLP represents clients in arbitration when a contract requires it or when confidentiality concerns make private proceedings the more appropriate forum. The primary advantage of arbitration from a client-perspective is privacy. Unlike litigation in the courts, where all information is publicly available – from the fact that a lawsuit is pending to all the parties’ submissions and the court’s decisions – the existence and outcome of an arbitration is not public or precedential. Contrary to popular belief, however, arbitration is not always faster or more cost-effective than litigation. Filing fees and arbitrator costs can be substantial and timing can have unpredictable impacts. Expedited schedules may force parties to compress discovery in ways that undermine case development, while other arbitrators allow extended delays that erase any perceived efficiency. As experienced litigators in both arbitral tribunals and the courtroom, we engage in a case-specific cost-benefit analysis for clients choosing between arbitration and litigation to ensure that we select the optimal forum for their complex commercial disputes.
When arbitration is required, clients benefit from our clear understanding of both its strategic advantages and inherent limitations. We approach arbitration with the same rigor and intensity as courtroom litigation, drawing on our deep trial experience and maximizing positive outcomes that help to protect our clients’ interests.
Experienced ADR Practitioners Trained at Premier NYC Firms and the U.S. Attorney’s Office
Yankwitt LLP has one of the largest litigation teams in Westchester County, supported by attorney practitioners who trained at premier New York City law firms and in the United States Attorney’s Office. We appear regularly before major arbitral organizations – JAMS, NAMS, the American Arbitration Association and FINRA – and maintain strong relationships with the ADR community, providing clients with valuable insight into arbitrator selection, procedural expectations and strategic considerations. Russell Yankwitt’s long tenure as chair of the Westchester County Bar Association ADR Committee further deepens our perspective in this area. That combination of practical knowledge, litigation experience and professional relationships enables us to guide clients through arbitration with clarity, discipline and confidence.
Alternative Dispute Resolution: Mediation
Yankwitt LLP represents corporate and individual clients in mediations involving a wide array of disputes, including contract matters, business divorces, shareholder issues, premises liability claims and employment matters. Mediation plays an important role in our practice, offering a structured yet collaborative path to resolution. Many partnership, operating and commercial agreements require the parties to mediate before pursuing litigation or arbitration. Even when not required, mediation can be an effective way to reduce conflict, particularly when initial negotiations have stalled or when both sides agree to explore settlement. Mediation is private and led by a neutral professional, but unlike arbitration, the mediator does not impose a decision. Instead, the mediator facilitates conversation and helps the parties build a mutually acceptable resolution.
Guiding Clients Through Complex Commercial Mediations
Successful mediation requires strategic preparation and a clear understanding of the dispute and the personalities involved. Experienced litigation counsel is essential, since not every business lawyer has the skill set needed to manage complex commercial mediations. The attorneys at Yankwitt LLP know the professional mediators who work within our clients’ industries and geographic markets and can identify those best suited to the matter. Throughout the process we assess the strengths and weaknesses of each side, help clients understand the practical implications of potential settlement structures and craft proposals that move the negotiation forward. Our track record includes favorable settlements in matters that range from straightforward commercial disputes to high-stakes, multi-party conflicts, often achieved early in the life of a case, saving clients considerable time, expense and disruption.
Our advocacy in mediation reflects both our negotiation skill and our trial readiness. Our reputation as formidable trial lawyers strengthens our position, since adversaries recognize that we are fully prepared to litigate if discussions fail. That credibility encourages more meaningful engagement and increases the likelihood of securing a settlement that meets our clients’ goals. At Yankwitt LLP, mediation is a core element of our litigation strategy, affording our clients the opportunity to resolve disputes at maximum value.
