Alternative Dispute Resolution -- Arbitration and Mediation

Arbitration is a process by which parties contractually agree to submit their dispute to binding determination by a neutral or panel of neutrals. Its advantages over litigation include confidentiality and finality. The latter because opportunities to appeal are very limited. Properly structured, arbitrations can be less expensive and more efficient than litigation. Arbitration is especially important in trans-border agreements where the parties want to avoid being “home-towned” in another party’s county’s courts. Mediation, arbitration, and other alternative dispute resolution (ADR) methods are part of the standard  toolkit of an EVW arbitration attorney in considering how to resolve any legal dispute. Eaton & Van Winkle litigators are highly experienced in dispute resolution. They have handled hundreds of arbitrations and mediations in the U.S. and abroad.

Several of our partners regularly serve as mediators, themselves, in private mediations, court-annexed mediations, including serving on the panels administered by thefederal courts in New York. EVW has been called on when the state needs a New York arbitration attorney to perform similar functions, along with international organizations such as the World Intellectual Property Organization (WIPO). The firm, itself, is a member of the International Institute for Conflict Prevention & Resolution (CPR), a leading public resource for resolution of complex business disputes. Some of our partners teach mediation and arbitration practice to U.S. and foreign judges and lawyers. Eaton & Van Winkle attorneys have published heavily on topics ranging from unsuitability and loss causation to theories of damage computation. We have won leading cases, including on the interpretation of the arbitration eligibility rule. Our arbitration experience is discussed in several other sections of our Litigation and Arbitration Group, as well as in our International Law Practice Group description.

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