Resolving Conflicts Through Arbitration And Mediation
Arbitration is the process by which the parties to a dispute submit their differences to the judgment of an impartial person or persons selected by mutual consent or some other agreed-upon procedure. It is generally final and binding, and it is analogous to a judge hearing a case and entering a decision.
Conversely, mediation is the process whereby the parties themselves fashion the resolution of a dispute rather than have a judge, arbitrator or jury unilaterally impose a “just result” upon them. Parties mediate voluntarily, and as such it is a consensual and private process. It is structured to be fair and impartial, Mediation is informal in the sense that it is governed not by a strict set of rules (like the rules of evidence in a courtroom) but by the parties’ willingness to discuss and negotiate issues relevant to the dispute between them.
Mediation And Arbitration Experience Across Multiple Practice Areas
At Semanoff Ormsby Greenberg & Torchia, LLC, our attorneys have arbitrated and mediated numerous types of complex cases. Read more about our practice area-specific experience below:
We have handled numerous commercial cases, and real estate matters including internationally, between individuals and employers, large and small, both for profit and non-profit, that involve breach of contract, shareholder disputes, intellectual property disputes, securities claims, real estate disputes and construction claims.
In the employment arena, we have handled all manner of cases involving protected classes and activities, including age, race, disability, religion, gender, national origin, sexual orientation and gender identification, whistleblowing, wrongful discharge, hostile work environment and sexual harassment, cases involving intentional infliction of emotional distress, defamation, intentional interference with business relations, trade secrets, breach of contract, breach of fiduciary duty, failure to pay wages and overtime, negligence, noncompetition and nonsolicitation, absenteeism, discharge and discipline, benefits including holiday and vacation pay, layoffs, management rights, strikes and subcontracting.
These cases reflect issues governed by federal, state and local statutes, including the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Fair Labor Standards Act (FLSA), the Employee Retirement Income Security Act (ERISA), the New Jersey Law Against Discrimination (NJLAD), the Pennsylvania Human Relations Act (PHRA), the New Jersey Conscientious Employee Protection Act (CEPA) and various wage and hour laws.
These cases originate from a variety of industries, including commercial real estate, retail, pharmaceuticals, banking, software development, securities, financial services, construction, manufacturing, graphic arts, transportation, printing, restaurant and health care. Amounts in dispute range from tens of thousands of U.S. dollars.
In the labor relations field, we have handled union/management disputes, negotiating and drafting of collective bargaining agreements in a variety of industries, including transportation, trucking, manufacturing, food processing, bakery and construction, and handled issues relating to absenteeism, conduct, demotion, discipline, discharge, discrimination, fringe benefits (holidays, leave, vacation), layoffs, management rights, past practice, strikes, subcontracting and other issues.
Multiparty Dispute Resolution
We have multiparty dispute resolution experience in cases involving class and collective actions, multiple plaintiffs and multiple defendants involving systemic discrimination, classification of employees (versus independent contractors), default under loan agreements between borrowers and banking institutions, failure to pay wages and overtime, reduction in force and layoffs.