Legal disputes are often thought to be synonymous with courtroom litigation, but many conflicts can be resolved through a different and often more efficient process known as alternative dispute resolution. One of the most widely used forms of alternative dispute resolution is arbitration. Arbitration is a private legal process in which a neutral third party considers both sides of a dispute and renders a decision that may be legally binding. It is frequently chosen for its speed, privacy, and cost-effectiveness, particularly in personal injury, commercial, employment, and contractual matters. If you are involved in a legal dispute that you wish to resolve fairly and efficiently, it is in your best interest to speak with an attorney about whether arbitration may help you meet your goals. Valerie Crown of The Law Firm of Valerie J. Crown, P.C., is a highly experienced Rockland County attorney and trained arbitrator who understands both the procedural and strategic elements of successful arbitration. She works with clients throughout Rockland, Westchester, Dutchess, Orange, Ulster, and Putnam Counties, as well as the greater New York metropolitan area.
Understanding ArbitrationArbitration is one of several processes that fall under the category of alternative dispute resolution. It is a mechanism by which disputing parties agree to submit their case to a neutral arbitrator or panel of arbitrators who will issue a final decision after considering the evidence and arguments presented. In New York, arbitration is commonly used in disputes involving personal injury, commercial contracts, construction agreements, real estate transactions, labor and employment claims, and consumer matters. Many contracts contain arbitration clauses requiring that any future disputes be resolved through arbitration, and these provisions are generally enforceable under New York’s Civil Practice Law and Rules.
Parties may also voluntarily agree to arbitration after a dispute arises, particularly when they are seeking to avoid the time, cost, and unpredictability of court proceedings. In some cases, courts may compel arbitration if a valid arbitration agreement exists. Both individuals and organizations may participate in arbitration, and the process can be adapted to fit the needs of the parties. Because arbitration can streamline the resolution of disputes, reduce legal expenses, and offer a greater degree of confidentiality, it has become a favored approach for many legal practitioners and clients alike.
The Arbitration Process Under New York LawThe arbitration process in New York is governed primarily by Article 75 of the Civil Practice Law and Rules. Under this statutory framework, parties, who have entered into a valid arbitration agreement, are generally bound to resolve their disputes through arbitration and cannot be compelled to litigate in court. Once arbitration begins, the parties typically participate in selecting the arbitrator or panel, establishing the procedural rules, and setting a schedule for hearings and submissions. Arbitrators are neutral professionals, often with legal or subject-matter expertise, who are tasked with hearing the evidence, evaluating the legal issues, and issuing an award. In most cases, the arbitration is binding, meaning the decision is final and has the same legal effect as a court judgment. A binding arbitration award may be confirmed by a New York court and enforced like any other judgment.
Importantly, the grounds for challenging or vacating a binding arbitration award are extremely limited under CPLR Section 7511. Courts may set aside an award only in cases involving corruption, fraud, evident partiality, or a failure to follow the agreed-upon arbitration procedures. As a result, arbitration provides not only efficiency but also finality. Non-binding arbitration, though less common, may be used when the parties wish to obtain a neutral assessment of their case to inform further negotiation or settlement discussions.
Advantages of Choosing Arbitration Over LitigationArbitration offers numerous advantages that make it an attractive alternative to traditional litigation. One of the most significant benefits is efficiency. Arbitration proceedings often conclude in a fraction of the time required for a civil trial, and the process is generally less formal and less expensive. Arbitration also offers a high degree of confidentiality. Unlike court proceedings, which are typically public, arbitration hearings and awards are private unless the parties choose otherwise. This privacy can be especially valuable in personal injury, commercial or employment disputes where sensitive information may be disclosed. In addition, arbitration allows for greater flexibility and autonomy. Parties have a say in selecting their arbitrator, setting timelines, and determining how their case will be presented. Arbitration offers predictability and closure in contrast to the uncertainty of prolonged litigation.
Consult a Rockland County Attorney and Trained Arbitrator About Your Legal DisputeIf you are facing a dispute that may be subject to arbitration, it is important to understand both your rights and your strategic options. Arbitration can be a powerful tool for resolving legal conflicts quickly, privately, and definitively. Valerie Crown of The Law Firm of Valerie J. Crown, P.C., is a trusted Rockland County attorney and trained arbitrator with the experience and judgment to arbitrate disputes. She offers her services as a trained arbitrator throughout Rockland, Westchester, Dutchess, Orange, Ulster, and Putnam Counties, as well as the New York metropolitan area. To schedule an arbitration with Ms. Crown, call the office at 845-708-5900, or reach Ms. Crown directly at 845-598-8253.