Alternative Dispute Resolution
Solving problems and avoiding court proceedings in New York
Comerford & Dougherty, LLP is committed to helping our clients avoid the expense, time, public exposure, and potential animosity of a court trial whenever a dispute can be settled peacefully. Processes such as mediation and collaborative divorce help you to keep your personal matters confidential and to resolve them in a less formal and less stressful environment than traditional court proceedings. Many clients have benefited from these processes, especially in divorce and family law situations.
We offer alternative dispute resolution services approved by the New York State Unified Court System, including—
Arbitration
A neutral person—an arbitrator—hears arguments and evidence from each side and decides the outcome. This process is less formal than a trial and the rules of evidence are relaxed. If you go with binding arbitration, the decision the arbitrator makes is final and you cannot appeal. In non-binding arbitration, you can request a trial if you don't agree with the arbitrator's decisions.
Case conferencing
A judge or judge's representative meets with both of you and your lawyers to settle some or all of the issues in dispute. The objective is to narrow the issues before the trial.
Collaborative family law
Collaborative divorce gives you and your spouse a way to end your marriage respectfully, without going to court, while providing you with the support, guidance, and protection of your own lawyer. It encourages everyone involved to stay the course and reach a mutually agreeable resolution because, if you do not, you both must fire your lawyers and hire new ones to go to trial.
Mediation
A neutral mediator helps you and the other party involved communicate with each other to resolve the dispute yourselves. Mediation is most useful when family members, neighbors, or business partners have a dispute. But it is not appropriate when one party in the dispute has disproportionate power or control over the other.
Neutral evaluation
In order to promote a settlement in your case, a neutral party with professional expertise in your disputed issues studies both sides of your case. This person advises on how the case is likely to come out in court and may also help settle the case before it gets there.
Parenting coordination
A highly trained legal or medical professional helps parents who have difficulty resolving their differences to execute their parenting plan. The purpose of the parenting coordinator is to promote timely conflict resolution and promote safe, healthy, and meaningful parent-child relationships.
