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Alternative Dispute Resolution

Our attorneys use cutting-edge methods to settle conflicts in New York and New Jersey

Avoiding litigation is a key ccomponentt of our practice at The McKenna Law Firm. Through Alternative Dispute Resolution (ADR) options, we can resolve your legal matter efficiently and effectively, without going to trial. Settlements achieved by ADR are typically binding and upheld by the courts. Burgeoning court queues and time delays plague the traditional court system, making ADR an attractive and time-saving alternative.

Lead attorney Keith McKenna has utilized Alternative Dispute Resolution methods for years. Litigating complex lawsuits involving business, shareholder and right to privacy disputes may mean going to court several times, attending hearings and eventually appealing an unfavorable decision. These adversarial proceedings are extremely time-consuming and costly. When appropriate, we advise clients to opt for ADR to mitigate conflict and avoid future disputes.

Types of ADR

Keith McKenna and his associates are proficient in using ADR to assist our business and high-profile clients. We are skilled in recognizing which case merit litigation, and which are more suitable for Alternative Dispute Resolution methods such as:

  • Negotiation. Typically, negotiation is the first step in resolving a legal matter. Both sides bring their proposed resolutions to the table and attempt to reach an amicable compromise.
  • Meditation. A non-adversarial form of ADR, meditation allows a third-party to oversee settlement discussions.  The mediator
  • Arbitration. Arranged as a sort of mini-trial, arbitration allows both parties to present their argument to a single arbitrator or panel of arbitrators. Each side is represented by attorneys. After hearing arguments and reviewing evidence, the arbitrators render a decision, which is often legally binding.

Under certain circumstances, trial may be unavoidable. Litigation can be a gamble, as clients are relying on a judge or jury to make a final determination. But, sometimes taking a risk can result in a large payoff. Let the McKenna Law Firm advise you on the most effective legal route.

Benefits of ADR

At The McKenna Law Firm, we believe litigation should be used as a last resort. Using ADR methods over going to trial is beneficial for several reasons, including:

  • Cost-effective. Preparing for trial and going to court often racks up thousands of dollars in legal fees. ADR generally helps keep legal costs much lower.
  • Time-efficient. Trial might take years. Negotiation, arbitration or mediation can usually be done in a matter of weeks or months.
  • Maintain relationships. Since ADR aims to be non-adversarial it helps businesses and individuals preserve important relationships.
  • More control. Parties typically play a greater role in how ADR proceedings run, and their outcomes. You and your attorney can craft creative solutions not always available at trial.
  • Privacy. Perhaps most importantly, ADR proceedings and settlements are often confidential. Court proceedings are matters of public record, and can result in unfavorable publicity.

Using ADR, there does not have to be a winner or loser. Both sides can hopefully arrive at a compromise, making easier for each party to reach their goals. Most of our clients feel a greater sense of satisfaction when their thoughts, opinions are heard and taken into final consideration.

Contact the McKenna Law Firm

Our firm boasts a wealth of knowledge regarding ADR and other negotiation tactics. To schedule a consultation, call us at 973.509.0050 or contact us online.