The Other Triple A
Updated: Jan 19, 2021
Recently, I was invited to join the Triple A. No, not the Triple A associated with automobiles or Minor League Baseball, but rather the American Arbitration Association (AAA).
It is an honor to be offered the opportunity to work with the world’s largest provider of arbitration, mediation and other alternative dispute resolution (ADR) services. The AAA is a not-for-profit organization that provides administrative services and support to individuals and entities that wish to resolve conflicts out of court. Their reputation with respect to all matters relating to ADR is second to none.
Choosing the right arbitrator or mediator is one of the most important decisions parties make in the dispute resolution process. Parties need arbitrators and mediators who understand the unique facts and circumstances of their cases. Accordingly, AAA panels (single or multi-panel) are made up of accomplished attorneys and former judges with exceptional subject-matter knowledge and expertise, who are capable of understanding and resolving disputes covering a wide range of primary and specialty practice areas, such as commercial, labor & employment, intellectual property, healthcare, cyber security, aerospace and national security law, to name a few.
As noted on the AAA’s website: “high-level retired judges on the AAA Judicial Panel bring another level of caliber to the arbitrator or mediator role.” Further, “the best ‘judge’ of an arbitration often is a former judge”; and “you can feel comfortable knowing that your arbitrator is an actual judge who has insight into a likely outcome in litigation”; “similarly, the best facilitator of a mediation can be a former judge, with strong, fair settlement capabilities.”
Arbitrations and other types of alternative dispute resolutions can be binding or non-binding, and the AAA’s rules for ADR have become the gold standard. Typically, when I arbitrate a case, one of the first questions asked is whether we are going to utilize the rules of the American Arbitration Association.
Other important facts about the AAA: cases are often settled prior to an arbitrator’s decision, and AAA fees (which are published online) aren’t tied to the length of the case or the arbitrator’s compensation.
For a mediator/arbitrator like myself, there is further flexibility. I am able to maintain my autonomy and run my own practice at Rosenbaum Mediations. This gives the parties the choice of using me privately or within the auspices of the AAA. If the parties wish to use the services of the AAA, the website, www.adr.org, is extremely user friendly, offering information on clauses and procedures, pro se arbitration, and helpful suggestions for making arbitration faster and more cost-effective.
Having resolved thousands of cases, both as a state Supreme Court Justice and as an ADR practitioner, I welcome the opportunity to enhance my practice by becoming part of a roster of arbitrators through the American Arbitration Association, enabling me to offer my clients the alternative of also working with a world class organization to settle their disputes. I am excited to continue my private ADR practice at Rosenbaum Mediations, while having the flexibility of providing the AAA as another great option.
~ Hon. Matthew Rosenbaum (ret.), is a retired NYS Supreme Court Justice and founder of Rosenbaum Mediations, PLLC. He has settled thousands of cases, both small and highly complex, and resolved over 92% of ADR matters. For more information, go to www.RosenbaumMediations.com.
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