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BRIAN M. DELAURENTIS
Attorney at Law
36 West 44th Street, Suite 610 |
New York, New York 10036 |
tel 212.354.6300 fax 212.954.5081 |
Brian@DeLaurentisLaw.com
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Disputes & Litigation
Mediation
Mediation is a formal process where the parties (or their lawyers) discuss their issues in the presence of a mediator. The most important thing to remember about mediation is that it is non-binding. No one can compel anyone to do anything in mediation, other than discuss the dispute. At times, this is enough for the parties to resolve their dispute because the issue has arisen because communications have completely broken down. At other times, however, mediation is unsuccessful because the communication in mediation reveals that the parties are too far apart to agree. The role of the mediator is to try to bring the parties together by exploring why positions are where they are and to offer creative solutions that mutually achieve goals acceptable to all.
Arbitration
Arbitration is a process where the parties agree to let someone else (other than a judge or a jury) decide their dispute and promise to honor the arbitrator's decision, win or lose. Early on, arbitration was a highly attractive alternative to going to court. With time, however, some of the gloss has worn off.
The advantages of arbitration are that disputes are resolved more quickly and sometimes more economically. One major disadvantage is the inability to compel evidence to be produced that you need for your case, whether that is a witness or documents. Arbitrators also have to be paid by the parties, while judges are paid with your tax dollars. Arbitrators, while typically skilled in the background of the nature of a dispute (such as securities, stockbroker disputes, etc.), often come from a single perspective and do not have the breadth of experience that a judge typically does nor the consensus approach that comes with a jury.
Arbitration is preferable in some situations, and disastrous in others. Decisions to arbitrate must be carefully made at the outset.
Litigation
In looking for a litigation attorney, most clients like what I offer - an aggressive stance against adversaries that is always mindful of your goals and the economics of litigation. Litigation tactics is one of my personal preferences and strengths. Many, many lawsuits are won or lost because of events that have nothing to do with the merits of the case. My role is to maximize your leverage in winning or favorably settling a lawsuit or potential litigation.
Litigation is inherently unpredictable, however, and that naturally causes clients angst. My role is to advocate your interests, explain the situation to your satisfaction and based on my experience, provide you with the available courses of action when you need to make a decision. With a greater understanding of the process, my clients more completely appreciate the circumstances of the case as well as make better informed decisions. When clients understand the process, angst decreases because the process is easier to grasp.
Commercial Litigation
Commercial litigation involves resolving disputes centering on business dealings. Naturally, in business matters, the dispute centers on money and value. Thus, the economics of the litigation are always a central concern because no client wants the legal fees to exceed what any potential recovery could be.
I have handled many commercial litigation matters. I know the area well because of my dual financial and legal backgrounds. Consequently, I use my experience to further your interests to achieve your commercial goals.
If you have a potential litigation matter, please do not hesitate to contact me, by telephone or email, to discuss the matter.
Bankruptcy Litigation
Litigation in a bankruptcy context typically involves a creditor objecting to some part of a debtor's bankruptcy proceeding. There are many particular reasons that a creditor would want to intervene in the process that make solid commercial sense. I have been involved in proceedings of this type where the Bankruptcy Court has specialized rules unique to its jurisdiction in which an attorney must operate. In this context, I have represented both creditor and debtor interests. Consequently, if you have to file for bankruptcy or have a claim affected by someone else's bankruptcy petition, please consider consulting my office to determine the best course of action.
Estate / Will Contests
I am well experienced in litigation matters concerning wills and estates, disputes typically handled by specialized state courts. In New York, the Surrogates Court is the specialized court handling estate and will (in addition to other) disputes. Surrogates Court has highly specialized rules that differentiate it from other state and federal courts.
I have had several cases with hotly contested issues concerning wills, estates, bequests and control of an incapacitated person's finances. I understand that often the adverse parties have known each other for many years and find the entire situation to be very emotionally upsetting. Like any litigation, I seek to advance your interests in an economical manner. In addition, I empathize with my client's situation in what is usually an emotionally trying time.
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