Getting into a legal dispute involving your company or your business affairs can severely impact operations or even bring your business to a halt while you try to resolve the dispute, costing you precious time and money in lost productivity. Of course, resolving a legal business dispute can itself cost time and money, especially if the dispute ends up in court or at trial. Fortunately, many businesses turn to alternative dispute resolution, or ADR, to quickly and efficiently resolve business and commercial disputes without the need for a trial. 

If you are considering pursuing ADR as a means of resolving a business or commercial dispute, the attorneys of The Epstein Law Firm, P.A. can help. We have extensive experience in representing clients and businesses in ADR proceedings, including mediation and arbitration. We have highly knowledgeable business and commercial litigators; our attorneys often provide continuing legal education for our lawyer peers, in addition to serving in leadership positions in the legal profession, such as with the New Jersey State Bar and New Jersey Association for Justice.

Let us use our expertise to help you favorably resolve your business or commercial dispute through ADR. Contact us for a case evaluation to learn more about how we can help.

Types of Business ADR We Can Help With

We can help you and your business achieve your goals and preferred outcome in any type of alternative dispute resolution proceeding, such as:

  • Negotiation: Most business disputes begin with informal negotiation between the parties, or more frequently between their legal counsel. The parties communicate directly with one another to reach a mutually acceptable settlement of the issues in their dispute, typically culminating in a written agreement in which one or both parties agree to take some action or refrain from some action, in exchange for the other party or both parties agreeing to settle or release any legal claims they have against the other party. 
  • Mediation: Mediation is a type of negotiation, with the main difference that mediation is facilitated by a neutral third party with no prior connection to the case, called a mediator, who helps the parties to reach a mutually acceptable settlement when tensions or personal animosity may be too great for the parties to do that on their own. However, the mediator imposes no rulings or judgment on the parties; instead, the parties are fully in control of the outcome of the mediation. This means that the parties can reach a result rather than leaving it to chance by putting a decision in the hands of a judge or jury. Parties can also walk away from mediation if they believe that reaching a settlement is not possible.
  • Arbitration: An arbitration is often considered a trial-like proceeding since a neutral third-party called an arbitrator makes a final, binding decision (although parties can agree for arbitration to be non-binding) to resolve the parties’ dispute after hearing evidence and testimony presented by the parties. Arbitration is often faster and less expensive than a trial because discovery is limited and there is no opportunity for an appeal, except to have a court overturn an arbitration decision (which it will only do in very limited circumstances).

All parties to a dispute must clearly and unequivocally agree to participate in an ADR proceeding. If a party chooses not to participate, the other party’s only recourse would be to go to court to resolve the dispute at trial.

How The Epstein Law Firm, P.A. Can Assist You If Your Business Is Entering ADR Proceedings

Our firm can help you or your business if you are facing a legal dispute and are considering alternative dispute resolution as a means of resolving the matter. We can walk you through your ADR options and help you choose a type of ADR that can give you the best chance at favorably resolving the dispute. Even though alternative dispute resolution may seem less formal than a trial, we never forget that the goal of ADR is to help you secure the best possible outcome for your needs and goals. That’s why we advocate just as vigorously for your rights and interest in negotiation, mediation, or arbitration as we would to a judge and jury at trial. 

Contact Our Firm for a Case Review to Learn More About How We Can Use Our Experience and Resources to Guide You and Your Business Through ADR

If you and your business are engaging in alternative dispute resolution to resolve a legal matter, let our experienced attorneys help protect your legal rights and interests. Contact us to schedule a consultation to discuss the details of your matter and to learn more about how we can help you secure a favorable outcome to your ADR matter.

Frequently Asked Questions about Alternative Dispute Resolution, Business Mediation, and Arbitration in New Jersey

Will I or my business have to participate in alternative dispute resolution before going to court to resolve a business dispute?

Not necessarily. Alternative dispute resolution often represents a quicker and less expensive way to resolve a business dispute, which is why it is preferred by companies and business owners. If a business dispute does end up in court without the litigants having tried alternative dispute resolution, the trial judge will often highly encourage the parties to try mediation before the case proceeds in court.

Do I or my business need an attorney for participating in alternative dispute resolution?

Although you are not required to have an attorney to engage in an alternative dispute resolution procedure, it is highly advisable to do so. A business attorney will often have extensive experience with participating in negotiation or mediation and be knowledgeable in the rules governing arbitration. An attorney can also help you to achieve a more favorable settlement in negotiation or mediation, and advocate for your rights and interests during an arbitration.


Due to the complexity of our case, most attorneys were not interested. Not only did Michael Epstein take our case, but he was able to manage the situation towards a multi-million dollar settlement that was well in excess of our expectations. They are practical, business-minded attorneys who demonstrated their expertise with every interaction. Michael & his team worked tirelessly & aggressively on our behalf and brought our case to a successful outcome.

Andrew W.

Michael Epstein and The Epstein Law Firm recently obtained a multi-million dollar settlement in an extremely complex and difficult financial services case. He and his team not only mastered the complex issues in the case, but also expertly handled all aspects of the negotiations. I cannot thank Michael enough for his dedication and hard work, and I highly recommend him and The Epstein Law Firm for those who need smart, creative, and aggressive lawyers who put their clients’ interests first.

Brian G.