Litigation and Mediation

New York, New Jersey and Pennsylvania Litigation Attorney (Representing Clients in New York, New Jersey and Pennsylvania State and Federal Courts)

New York, New Jersey and Pennsylvania Mediation Attorney (Representing Clients in mediated disputes)

New York City: Brooklyn, Manhattan, Queens, Staten Island, the Bronx and Long Island.

I offer the following litigation services:

  • Representing clients in litigation (evaluating your case and your opponent's case, filing and defending against lawsuits, and negotiating the settlement terms).
  • Representing clients in federal or state courts, or before federal or state government agencies.

I offer the following mediation services:

  • Representing clients in mediation (evaluating your case and your opponent's case, accompanying you to mediation sessions, negotiating the settlement terms for you, and preparing/reviewing the settlement agreement).
  • Serving as a neutral mediator (mediating a dispute between two or more parties and helping the parties reach a solution acceptable to all). Mediator compensation must be evenly split by the parties so as not to create a conflict or appearance of bias.

Litigation

What is litigation? Litigation is a form of dispute resolution through state or federal courts. Typically litigation is started when one party to a dispute (plaintiff) files a complaint in court. Sometimes there is more than one plaintiff. The plaintiffs then serve the complaint on the defendant or defendants named in the complaint. The defendants must respond to the complaint in a set period of time after the service, or risk forfeiting their rights and receiving a default judgment against them. If you are served with a complaint, or if you just become aware that a lawsuit has been filed against you, it is very important to consult with an attorney as soon as possible to protect your rights.

Why do people litigate? Frequently, plaintiffs come to court because the court is their last resort in the face of opponents who do not play fair, do not want to recognize the plaintiff's rights, or do not pay what is owed to the plaintiff. Plaintiffs may bring a wide range of grievances to court, including infringement of patents, trademarks, or copyrights; contract disputes; personal injury cases where they suffered due to malice or negligence of another person, or defective drugs or products; real property disputes; or inheritance disputes. The remedies a court may grant include both monetary damages and injunctive relief in the form of an order prohibiting a party from engaging in certain conduct. Some plaintiffs have valid grievances, but some plaintiffs come to court because they want to abuse the legal system or harass the defendants. In either case, defendants do not have a choice - they must litigate or they will automatically lose their case. In the case of a loss by default, it is difficult to overestimate the damage the defendants may suffer.

When is litigation appropriate? Litigation is appropriate when the dispute cannot be resolved by the negotiation between the parties. That typically happens when the parties are too far apart in their demands and/or there is too much hostility between the parties to negotiate productively. It is important to note that the time limits for the civil claims you can bring in court, such as breach of contract, personal injury, fraud in real estate transactions, and many others, are governed by strict Statutes of Limitations. The claims must be brought in court within the time limits, or the claims will be denied and the underlying rights irreversibly lost. A number of factors determine how long the time period is and when it begins to run. You should always consult with a competent attorney as soon as you think you may have a claim to preserve your right to file the claim in court.

Why use my services in litigation? I have years of civil litigation experience, and I have litigated various disputes in courts across the United States. I understand the federal and state court systems, and I can help you defend your rights as a plaintiff or defendant. Everyone is entitled to their day in court, but everyone must have the knowledge of the substantive law and the court procedure on their side to win. I have spent many years accumulating this knowledge and have authored a number of articles on litigation, which you can see here . I understand the overwhelming nature of litigation and its high tolls, both monetary and emotional. I am skilled in keeping the monetary costs down, and my knowledge, experience, preparation, and timeliness will go a long way towards alleviating the emotional burdens of litigation. Please contact me regarding your legal issues, and I will be happy to talk to you about your legal needs.

Mediation

What is mediation? Mediation is a form of Alternative Dispute Resolution where two or more parties attempt to negotiate a settlement of their differences and reach a compromise acceptable to all parties. As an alternative to litigation, mediation is faster, less expensive, and completely controlled by the parties.

Why use my services in mediation? I know what your BATNA is. BATNA stands for Best Alternative To a Negotiated Agreement - whether it makes sense to settle through mediation or whether litigation is a viable alternative. To answer the question whether litigation is the viable alternative to settlement, you need to understand who has the stronger case if you go to court and what your potential recoveries or losses may be. I have had mediation training and have participated in successful mediation efforts representing clients both inside and outside of court. I understand the importance of people's conflicting interests, values, motivations, and underlying needs, and I can channel those towards a constructive outcome. I can help you arrive to an amicable resolution of your disputes that does not involve the high cost of litigation.

When is mediation appropriate? Mediation is appropriate at any time when two (or sometimes more) parties in a dispute are willing to sit down behind a negotiating table and work out a joint resolution. The result of a successful mediation session or sessions is a contractual agreement satisfactory to all parties that effectively ends the entire dispute or at least a part of it. Mediation can be successfully used in intellectual property disputes, family disputes including divorces, contract disputes, disputes between business partners or former partners, landlord-tenant disputes, workplace disputes, or any other dispute that may end up or already ended up in litigation.

Why use mediation? Mediation is faster and less costly than litigation, or even a prolonged fight between several attorneys. Mediation is the only form of dispute resolution where you completely control the result. If you are satisfied with the negotiated settlement, you can agree to it. If not, you can always walk away before signing an agreement. In litigation, you depend on the facts and evidence in your case, what the judge or the jury decides, and a number of other factors that may influence the outcome. In mediation, on the contrary, the parties to a dispute talk to each other in a collaborative process, rather than try to convince the decision maker such as a judge or arbitrator that their version of the story is the correct one. Mediation can be a source of many exceptionally creative solutions to disputes, and I have successfully made mediation work even with the parties that were initially very hostile towards one another.

Furthermore, courts are more and more frequently requiring that mediation be used because the courts' dockets are universally overcrowded, and mediation is one way for them to reduce their burden. The courts cannot order anyone to settle through mediation, but they can usually order that mediation or some other form of Alternative Dispute Resolution such as Arbitration be attempted. Frequently, standard contracts include provisions that mediation or arbitration be used in case of a dispute, and some professional groups and organizations prefer the use of mediation. For example, the U.S. Postal Service adopted a voluntary mediation model to resolve its employment disputes.

If you are looking for litigation and mediation, please contact attorney Leonid Mikityanskiy at our Brooklyn office at 718-256-3210