New York Arbitration and Mediation Lawyers

Arbitration and mediation clauses are common in operating agreements, shareholder agreements, construction contracts, employment contracts, and real estate sales and lease agreements. New York is home to many arbitration forums, including the American Arbitration Association (AAA), Judicial Arbitration and Mediation Services (JAMS), and the Financial Industry Regulatory Authority (FINRA).

Arbitration involves the submission of a dispute to a private arbitrator or panel of arbitrators, whose decision and award will be binding upon the parties. Mediation involves the submission of a dispute to a neutral mediator to facilitate a voluntary settlement. Arbitration is faster and more predictable than litigation. Contrary to popular belief, it can be more expensive than litigation because of the need to pay the arbitrator, the greater difficulty of resolving disputes through pre-trial motions, and the need to return to the courts to enforce judgments or injunctions. The claimant is often required to advance the costs of arbitration, but these can be shifted in the arbitration award. Under the Federal Arbitration Act and Article 75 of the New York Civil Practice Law and Rules, the New York courts recognize a strong public policy in favor of arbitration.

Our Attorneys Win Arbitration Trials

The lawyers at Muchmore & Associates PLLC are experienced in arbitrating commercial disputes and have obtained impressive results for our clients in arbitration. The firm’s attorneys have obtained victories in bet-the-company arbitration trials, including large recoveries for counterclaimants. The firm has compelled arbitration where the adversary sought to litigate, confirmed and opposed confirmation of awards, and even served as the neutral arbitrator. The firm's lawyers will examine the evidence and devise an arbitration strategy to maximize the chances of a successful arbitration.

Contact Us to Schedule a Free Initial Consultation

Contact us at (917) 932-0299 to schedule a free initial consultation if you are involved in a dispute subject to arbitration, including the following:

  • Arbitration of Contract Disputes: Once a contract dispute arises, it is important to seek counsel as early as possible. A thorough review of the contract’s relevant provisions should be conducted before you take action that could be construed as a breach. In particular, it is important to retain counsel before terminating a contract to put your position in writing and comply with the contract's notice, cure, and termination provisions. If a settlement cannot be reached quickly, it is best to commence arbitration before the counterparty. While your rights and remedies are the same whether you are the claimant or the respondent/counterclaimant, being the claimant simply looks better. However, the firm has also recovered large arbitration awards for counterclaimants, as nominal status is less important than the strengths of the claims and evidence.

  • Arbitration of Business Partner Disputes: Many shareholders agreements and operating agreements in New York require disputes to be resolved through arbitration or mediation. These clauses are frequently broad and include not only disputes under the agreement but claims of breaches of fiduciary duty and other tort claims. Where a dispute arises between co-owners, it must be submitted to arbitration or mediation, where negotiations typically focus on buying out one of the parties to the dispute, often pursuant to a formula or a bidding procedure specified in the contract.

  • Arbitration of Construction Disputes: Construction contracts in New York frequently contain arbitration clauses stating that any disputes must be resolved by the American Arbitration Association under its Construction Industry Rules. Arbitration of construction disputes can be complex, as the contracts are often riddled with exculpatory clauses, including notice of claim requirements, no-damage-for-delay clauses, pay-when-paid clauses, liquidated damages clauses, and change order approval processes. Our lawyers have deep knowledge of construction law and have successfully arbitrated construction disputes involving tens of millions of dollars.

  • Arbitration of Employment Disputes: Employment contracts in New York often contain arbitration clauses, which can reduce the risk of unpredictable jury verdicts, and dissuade claimants from asserting frivolous claims. The American Arbitration Association has specialized Employment Rules governing such claims. The firm's lawyers are experienced in issues of employment and labor law, including issues arising under the Fair Labor Standards Act, Title VII of the Civil Rights Act, and the New York Labor Law. We can defend your company from employee claims and secure your rights under non-compete, non-solicitation, and non-disclosure provisions in your employment contracts.

  • Mediation: Mediation is simply a form of assisted settlement negotiation where a neutral mediator attempts to bring the parties toward a voluntary settlement. Many contracts have clauses requiring mediation before either party can assert claims in litigation or arbitration. Limited mediation sessions are provided by the Commercial Division of the Supreme Court of New York free of charge and can be productive where the adversary is reasonable. Where mediation is unsuccessful in resolving a dispute, the dispute must be resolved through litigation or arbitration, as mediators lack the authority to issue binding determinations on disputed issues.

  • Petitions to Compel or Stay Arbitration: Petitions to compel or stay arbitration are governed by CPLR 7503. Normally, the party seeking to arbitrate the dispute files the demand for arbitration with the contractually designated arbitration body, such as the American Arbitration Association and serves it upon the respondent. The respondent must then file a written response. If it fails to do so, an arbitration award will be entered on default. Where the respondent seeks to avoid arbitration, it can file a petition in court to stay arbitration, and the claimant can cross-move to compel arbitration. Where a plaintiff files a lawsuit in court based on a contract that contains an arbitration clause, the defendant can file a motion to stay the lawsuit and compel arbitration. So long as the contract encompasses a clear agreement to arbitrate, the New York courts will generally compel arbitration.

Questions? Contact us today.