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  • Writer's pictureMatthew Rosenbaum


Recently, The New York Law Journal commented that litigation filings are up fifteen percent since the beginning of the pandemic. New York courts, which are already congested, are now even further clogged with increased filings. Even more recently, New York Governor Kathy Hochul described the trial court docket situation as an “incredible” backlog. Civil cases are further delayed due to the constitutional requirement that criminal matters take priority. Here’s how you can quickly and effectively have your civil caseload bypass the logjam in the courthouse.

Utilization of ADR (alternative dispute resolution) services has become the most effective way for your clients to “have their day in court” and dispose of their matters so all attorneys and the parties can move forward. Studies have shown that using the right neutral can seriously cut down on litigation costs and maximize the success of both plaintiffs and defendants. Mediation usually avoids expensive discovery and, importantly, the emotional toll a litigation logjam can have on both parties.

Using the right Neutral helps further streamline the ADR process. A less experienced mediator may not be as effective in settling cases as a well qualified neutral with the necessary knowledge, interpersonal skills and interest in continuing on with a case, even if it doesn’t settle right away. Having a highly seasoned mediator who knows how to assist the parties in getting to a mutually beneficial conclusion is critical. A good mediator will have a variety of arrows in his or her quiver in terms of successful strategies to get the job done.

It is a huge benefit to have a mediator who has a deep civil background and knows how to gauge the value of a case. More and more trial judges today come to the bench with a criminal (DA or criminal defense) background, and little civil experience. Getting the right mediator outside of the courthouse with a solid civil background is a huge benefit to both counsel and client.

Here’s what Rosenbaum Mediations has to offer that most other ADR firms can’t or don’t:

  • A retired, but actively involved, Supreme Court Justice who both understands the law and who can relate to lawyers and their clients

  • A current 94% success rate

  • Nearly 10 years of experience as the Commercial Court Judge

  • Seven years as the Toxic Tort coordinating judge

  • Fourteen years handling Personal Injury matters

  • More than a decade as a Medical Malpractice Judge

  • Staying power. Judge Rosenbaum (ret.), does not walk away from unresolved mediations. He offers his experience and expertise to continue with a case, should the need arise

  • Extremely reasonable rates. Cases generally settle with Judge Rosenbaum, and for a fraction of litigation costs

A decade ago, ADR services were a good option to assist in clearing a court’s or law firm’s caseload. Today ADR is almost the only option if you wish to resolve your case without waiting more than a year. With an enormous litigation backlog in the court system, it is imperative that lawyers use mediation and arbitration as effective tools in successfully resolving their cases. Judge Rosenbaum has the knowledge, willingness, dedication and ability to help get your cases to a successful conclusion.

~ Hon. Matthew Rosenbaum (ret.), is a retired NYS Supreme Court Justice, founder of Rosenbaum Mediations, PLLC, and has served as a panelist for the American Arbitration Association (AAA). He has resolved thousands of cases, both small and highly complex. For more information, go to


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