This week on the blog, we are spotlighting the litigation and dispute resolution services we provide to our clients. Amongst the attorneys in our practice, we have over 40 years of litigation experience to call upon in serving our clients.
Oftentimes, our litigation clients will contact us at a point in their dispute where a settlement has not been reached, and to the client, litigation thus feels like the proximate step. Therefore, the email or voicemail usually sounds like this: “I need to sue XYZ company for failure to perform under the contract. The owner won’t return my calls, despite attempts to resolve it, and I have no choice but to pursue this with your help.”
We represent clients in litigation matters concerning contract disputes, construction contract disputes, partnership/business entity disputes, employment law, real estate and real property disputes, and business tort litigation, such as fraud and defamation.
Upon receiving this kind of client communication, our first step is to evaluate whether we have any known conflicts with the potential parties to the dispute. Once we clear our conflicts check internally, the next step is to evaluate the dispute with the client and determine what the best pathway is to achieve a favorable resolution for our client, with his or her best interests in mind. These interests will include time, money, energy, the client’s needs as it relates to them personally or their business, reputation, publicity, and the ultimate risks associated therewith.
And while litigation may be the most successful, effective method of resolution – whereby a lawsuit is commenced, the dispute is litigated, and the Court makes a determination following motion practice or trial – another overlooked tool is alternate dispute resolution methods, such as settlement negotiations or mediation.
At Catina & Mara, PLLC, our New York attorneys have completed, at a minimum, the basic mediation training that is being offered and required by the Office of Court Administration for any attorneys that may ultimately be selected to serve on the Court’s attorney-mediator roster. What this training provides to our attorneys is an extensive toolkit of techniques and skills to better evaluate the dispute between the parties, evaluate the challenges and hurdles between the parties, and evaluate the best method to bridge the gap between the parties. Often, it is through the diligent, well-reasoned discussions with our clients about the cost-benefit analysis concerning litigation versus an alternative dispute resolution method that helps our clients reevaluate their needs and what their ultimate goal is in achieving a resolution of the dispute. Therefore, this important pre-litigation step cannot be overlooked.
For more information about the litigation services that we provide, please visit our website at www.catinamara.com or call our office to inquire today.
Disclaimer: The information contained in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and communications. Contacting us, however, does not create an attorney-client relationship.