ADR

Often known as ALTERNATIVE Dispute Resolution, actually it is APPROPRIATE Dispute Resolution, customized to assist individuals parties and conflicts. It includes the full spectrum of Dispute resolution services from those imposed by a third party decision maker (Judge or Jury in Litigation, Arbitrators in Arbitration) to self-determined outcomes decided by the parties and their advisors, with the assistance of a neutral third party (Meditation, Facilitation) and include other processes such as: Neutral Evaluation (early or late), Fact Finding, Referee, Mini-Trials and Special Master.

MEDIATION

Mediation is the most common and user preferred ADR technique. A neutral third party Mediator assists the participants (with or without their attorneys) to resolve their dispute or lawsuit if one has arisen, help avoid one, or keep one from escalating, all in a manner that is acceptable to them. The neutral Mediator, unlike a decision making judge, jury or arbitrator, does not impose decisions on the parties. The parties make all the decisions and thus stay in control of the outcome. The many benefits of Mediation include:

• Speed. Most issues can be resolved in a day.
• Cost Effectiveness. Particularly when conducted early before significant resources are expended and invested. Keep staff focused on “business”, undistracted by conflict.
• Privacy & Confidentiality. Usually the parties decide who learns what.
• Control. The process and the outcome remains within the control of the parties.
• Compliance. Party self determination often leads to greater compliance.
• Relationship Preservation. Resolving important issues which are not legal in nature and critical to the parties allowing them to productively and profitably work together.
• Flexibility & Creativity. The parties can formulate their outcome and remedies without the adjudicative limitations.
• Neutral Assistance. Having a conflict resolution specialist helping the parties achieve their resolution goals.

Ms. Gottlieb has had the privilege of working with numerous parties, with and without counsel, to reach resolutions that were acceptable and which were often viewed as unachievable and much preferable to the cost and uncertainty of third party determinations.

ARBITRATION

Arbitration entails the parties hiring a third party decision maker, an arbitrator or panel of arbitrators, to decide the outcome of their dispute. Although similar to litigation because the decision is made by a third party, the benefits of arbitration include:

• Speed. It is often faster than litigation.
• Cost Effective. Because it is less “formal” and faster, it frequently costs less.
• Control. The parties select the process. Although they do not retain decision making powers as they do in mediation, arbitration is a creature of contract and the parties can determine how it will be conducted and the powers of the arbitrator.
• Privacy & Confidentiality. Many arbitrations are private and not accessible to non-parties, retaining the privacy of the participants and the issues addressed.

Ms. Gottlieb has presided over, and participated as a panel chair or member of, numerous arbitrations both privately and through various arbitration panels.

LITIGATION

Litigation is the traditional adversarial legal method of conflict resolution. It is based on the premise that each party makes their best arguments to a judge or a jury, who will make the decision which is then imposed upon the parties.

In addition to, and prior to beginning her neutral practice, Ms. Gottlieb has been a litigator for 34 years, starting with her experience in New York City and continuing her practice when she moved to Buffalo in 1986. Her experience includes a wide variety of civil litigation focusing primarily on business, contract, corporate, commercial and employment related disputes, all from both plaintiff and defendant perspectives. Please see the Full Bio and Practice Areas for details.