Expertise On Both Sides Of The Bench
At Dughi, Hewit & Domalewski, our alternative dispute resolution group is headed by William Wertheimer, who joined the firm in 2012 after serving into his 28th year as a New Jersey Superior Court Judge after reaching mandatory retirement. Mr. Wertheimer’s experience as a judge and his ability to resolve complex disputes with objective expertise make him an outstanding mediator and arbitrator. Thus, he frequently serves as a mediator in matters related to class actions, patient-insurance coverage, legal and medical malpractice, contracts, personal injury, and employment. Mr. Wertheimer is also often appointed as a special master, monitor, and special fiscal agent as well as an arbitrator in a variety of other disputes.
Whenever possible, individuals and entities are encouraged to consider using alternative dispute resolution processes to resolve disagreements. These options are often faster and more affordable than trial court and they offer the parties more control over the outcome. There are several types of processes that parties may consider to resolve disputes.
Arbitration is a private process that takes place outside the courtroom. Opposing parties come together to offer evidence and arguments regarding the issues surrounding the dispute. This is a voluntary process to which both parties must agree, and it’s different from mediation because the arbitrator has the authority to make a decision about the matter. It’s similar to a trial but often much more streamlined and less formal. An arbitrator must have the ability to be neutral, discern the facts of a case, and thoughtfully apply the law and objective reason to develop a practical solution. Arbitration may be binding, which means the decision is final and enforceable. In non-binding arbitration, on the other hand, the arbitrator’s award is only advisory and must be accepted by both parties to be enforceable.