Arbitration and Mediation
Robert W. Hirsh & Associates represents its clients before arbitration and mediation tribunals, including the American Arbitration Association, JAMS, Alternative Resolution Center, Alternative Dispute Resolution, and Judicate West.
Robert W. Hirsh is also one of a handful of attorneys in the United States representing clients in rabbinical courts, i.e., Beis Din.
Arbitrations and mediations are usually conducted before a retired judge agreed to by all parties to a case.
Robert W. Hirsh & Associates recognizes that arbitration and mediation are different dispute resolution vehicles which require separate approaches.
Robert W. Hirsh & Associates' Approach to Arbitration
Arbitration is a binding non-jury trial conducted in a less formal atmosphere than a courtroom.
Half the battle in achieving a successful arbitration result is selecting the right arbitrator. To accomplish this goal, Robert W. Hirsh & Associates strives to select a neutral (usually a retired judge) who: possesses a background and world view favorably disposed to the firm's client and, knows Robert W. Hirsh on a positive basis from his/her days on the bench. Robert W. Hirsh also carefully investigates to ensure that the arbitrator does not have a pre-existing relationship with the opposing side or its counsel.
Robert W. Hirsh & Associates' Approach to Mediation
Mediation is a settlement vehicle during which a neutral makes best efforts to encourage the parties to resolve their dispute.
Robert W. Hirsh & Associates believes that parties who are relying upon a neutral's advice to settle a case must trust the neutral. In mediation, the firm wants the neutral to convince its adversaries of the merits of its client's position. Accordingly, Robert W. Hirsh typically invites his adversaries to supply him with a list of mediators whom they trust. After Mr. Hirsh carefully investigates and confirms that one or more of the proposed neutrals are credible and unbiased, Robert W. Hirsh selects one, with the hope that the neutral will convince his adversaries to favorably resolve the dispute.