Practice Areas

Arbitration vs. Mediation

United States

Arbitration vs. Mediation

Attorneys

Over the past 25 years, arbitration, and more recently mediation, has become the most expeditious means of settling securities disputes. Throughout the country, arbitration is mandatory, while mediation is voluntary. Mediation is turning skeptics into believers.

What does that mean for you as an investor? It means when you have a complaint against a broker or brokerage firm, it's in your best interest to secure the services of an attorney who is well-versed in securities arbitration and mediation and has a long track record of success in handling securities disputes.

At the New York law firm of Kaufmann Gildin & Robbins LLP , our managing partner and securities lawyer, David E. Robbins, literally wrote the book on securities arbitration procedures. Whether you are an investor with a complaint against your broker or a broker or brokerage firm in need of defense, our firm has the knowledge and expertise to help you prevail.

Contact the United States arbitration and mediation attorneys at Kaufmann, Gildin and Robbins today to put our wealth of knowledge and experience to work for you. We will help you every step of the way, from the pleadings stage through resolution.

Differences between Arbitration and Mediation

Though somewhat similar, arbitration and mediation have several key differences.

Arbitration

Mediation

Brokers and firms can be forced to go to arbitration

Brokers and firms cannot be forced to go to mediation; it must be entered into voluntarily

A panel of arbitrators listens to the arguments of each party, but does not help negotiate a settlement

Mediation involves negotiation; the mediator works with both parties in an attempt to find an amicable solution

The arbitrators will make the final decision regarding who wins and who loses based on the evidence presented by each side

Both parties control the risk of an adverse arbitration decision by agreeing to a solution

Arbitration decisions are a matter of public record

Mediation agreements are confidential

Arbitration decisions and mediation agreements are considered final and legally binding. For that reason, it is paramount that you go into battle with a lawyer who knows securities law and securities arbitration inside-and-out.

Contact the United States securities arbitration and mediation attorneys at Kaufmann Gildin & Robbins LLP today for skilled guidance and effective representation from an attorney who is considered one of the preeminent authorities in the U.S. in regard to securities arbitration.

The New York lawyers at Kaufmann Gildin & Robbins LLP provide astute advice and counsel and dedicated, effective representation to investors and brokers throughout New York, the United States, and internationally.