ADR/Mediation/Arbitration

Disputes of all varieties are often resolved through alternatives to litigation and trial court proceedings.  Often business contracts will provide for arbitration as a chosen method for dispute resolution.  Arbitration is a private dispute resolution proceeding.  In addition, all cases, whether filed in court or in arbitration, usually must proceed to mediation before the trial.  Mediation is a non-binding settlement conference.  Many clients prefer to initiate mediation early after a dispute has occurred to determine whether it may be resolved before significant litigation expenses are incurred.

Richman Greer attorneys have substantial experience in a variety of arbitration matters, including arbitrations conducted by the American Arbitration Association, Financial Industry Regulatory Authority (FINRA) and other arbitration organizations. The firm has handled arbitration matters involving disputes over employment agreements, construction agreements, licensing agreements, real estate contracts and others.  Arbitration can often be a less expensive alternative for clients, which process has the added advantage of avoiding filing claims in the public domain.

Mediation is required in nearly all matters, from complex commercial disputes, personal injury claims to family law matters.  The firm has successfully resolved cases through the mediation process, helping clients avoid expensive and time-consuming litigation.

Relying on their litigation experience, firm members are often called upon to serve as neutral arbitrators and mediators in litigation matters being handled by other firms.  One of the firm’s shareholders is a Certified Civil Mediator.

Featured Experience

1Defended client, Snorkel Productions, Inc., in an arbitration proceeding to determine whether client maintained continuing rights to exploit an original musical play.
2Prosecuted claims in arbitration against home builder on behalf of home buyer for breaches of the construction and purchase agreement. Arbitration award in favor of client.
3Prosecuted claims in arbitration on behalf of subsidiary rights holder against author and producer of national production of off-Broadway musical. Settlement following multi-million dollar arbitration award in favor of client.
4Represented respondent in arbitration action in damages phase in claim for breach of distribution agreement involving Russian language television programming. Claimant sought over $5 million in damages. The arbitration awarded damages to the claimant in an amount less than ten percent of it's claim.
5Defended seven former employees of international investment firm against claims of misappropriation of trade secret, breach of non-solicitation agreements and breach of fiduciary duty. Served as co-counsel in temporary injunction hearing held in local court in San Juan, Puerto Rico (where court denied firm’s request for a temporary injunction) and ultimately settled similar claims in FINRA arbitration proceeding for nuisance value.
6Manuel A. Garcia-Linares acted as arbitrator, in Contel Global Marketing, Inc, vs. Aldo Pesce Cotera, et al. Following Mr. Garcia-Linares' decision as the arbitrator, Judge Stanley R. Chesler, U.S. District Court, District of New Jersey, upheld, in their entirety, all rulings and awards issued by arbitrator Manuel A. Garcia-Linares. This was an action involving claims for breach of contract, fraud and Federal Civil RICO. The causes of action arose from a dispute between foreign and domestic entities engaged in the joint venture of exporting fruit and vegetables from Chile to the United States to sell in American supermarkets. The court also affirmed the arbitrator's rulings with respect to the award of attorneys' fees and costs. The total award was approximately $8.6M, including: Damages awarded to Plaintiff: $4,849,752.19; Fees & Costs awarded to Plaintiff: $3,753,556.77