“Alternative” Dispute Resolution will soon be a misnomer. As the courts struggle to provide affordable and expedited relief, stakeholders are now demanding that other dispute resolution mechanisms be employed. Whether arbitration, mediation or new non-traditional methods, the Dispute Resolution Bar must meet the needs with dedicated, sophisticated and effective neutrals.
Philip Goldstein formed the ADR Office of Philip Goldstein to help to meet these needs. Mr. Goldstein touts the experience, training and dedicated involvement to ADR that is essential in today’s environment. In addition to his ADR practice, Mr. Goldstein is an active member of the New York State Bar Association and New York City Bar Association ADR committees, and volunteers his services on various court and Bar rosters and panels.
Phil is a member of the American Arbitration Association’s National Roster of Arbitrators. He is also a member of the Commercial and Asbestos specialty panels. Given the breadth of his practice and experience, Mr. Goldstein is prepared to serve as arbitrator on a wide range of commercial/business and tort disputes. He volunteers as well on the Civil Court of the City of New York, Small Claims Part Panel of Arbitrators, and the NY Part 137 Attorney Fee Dispute Arbitrator Panel.
Phil’s success in resolving cases as an advocate, and significant mediator training, makes him an ideal choice for your mediation needs. Mediation works with willing parties and a trustworthy, flexible, patient, persistent and creative mediator. Mr. Goldstein works with the parties in advance on logistics and other issues to maximize the prospect of an agreement. Preparation is essential, and all participants commit to work hard before the session(s) so that we can be time efficient and productive. Mr. Goldstein will often request brief written mediation statements in advance, and will likely follow up with counsel to ask questions and to seek clarity – again to make the time together most efficient.
There is a real disconnect between many consumers of mediation (counsel and clients) and many mediators as to what will happen during the mediation and, in particular, whether the mediator will share his/her views on the case at hand. Mr. Goldstein’s mediation style is a blend of facilitative and evaluative. Clients/counsel almost always want mediators at some point to turn to evaluative techniques, while many mediators are trained to resist or significantly delay turning to these techniques. Mr. Goldstein has no problem with providing evaluative feedback or even a mediator’s proposal if the parties agree and want to pursue such a course. The same goes for a joint session versus caucusing. Many parties, particularly in commercial disputes, resist a joint session and prefer to caucus. Mr. Goldstein will conduct a joint session if the parties agree/want it and if it otherwise makes sense. But particularly in commercial disputes the parties and counsel often prefer to dispense with the joint session and to caucus.
Most critically, Mr. Goldstein is persistent and will work hard to assist the parties in seeking to reach a deal. In the view of parties and counsel, many mediators end the process prematurely and/or dispense with any follow up. If at the end of the day the parties cannot reach agreement, Mr. Goldstein will continue to monitor your case and will follow up with counsel periodically to see if the parties might benefit from additional mediation sessions.
ADR is not limited to arbitration and mediation. An array of techniques may be used to assist parties in resolving disputes. Examples including Special Master services (to assist courts and other tribunals with contested matters including discovery) and Early Neutral Evaluation. The ADR field continues to evolve, and with time ADR practitioners adopt new and creative techniques. ADR consulting has become popular, providing even the most seasoned counsel and their clients with the benefit of expertise of highly trained, sophisticated ADR professionals like Mr. Goldstein. Please contact us to discuss whether Mr. Goldstein can assist with these or other ADR services.