We provide ADR services both as counsel and neutral.
In addition to our work as litigation counsel, we provide a broad spectrum of ADR services. ADR, which stands for Alternative Dispute Resolution, is the process by which disputes are resolved without the necessity of trial in court. ADR can take several forms, some of which may precede others:
Mediation – a non-binding, confidential negotiation process in which a neutral third party – the mediator – assists the parties and their counsel to arrive at a complete settlement or at least, to narrow the issues in dispute so that the trial or arbitration will be shorter and less expensive. Mediation has become very popular and is mandatory in many court cases and produces a high ratio of settlements. We act as counsel on mediations in all of our fields of expertise.
Arbitration – a binding process which takes the place of a trial in court and leads to a final decision which resolves the dispute. The decision-maker – the arbitrator – is an experienced lawyer or a retired judge, who has been selected by the parties and conducts the hearing according to agreed upon rules of procedure. Arbitration is usually faster than a lawsuit and could be less expensive because the parties have better control of the process. We act as counsel in arbitrations in all our fields of expertise.
International Commercial Arbitration – is arbitration involving business people who are resident in different countries. Mr. Ellyn has expertise in international commercial arbitration under the UNCITRAL Model Law and Arbitration Rules and has also worked with the Arbitration and ADR Rules of the International Court of Arbitration of the ICC and the Arbitration Rules of London Court of International Arbitration in addition to ADR Chambers International. In addition to English and French, Mr. Ellyn also speaks Romanian, Hebrew and some German and has some comprehension of Italian and Spanish. He is also available for consultation about arbitration clauses and legal issues related to international commercial arbitration and for proceedings involving the enforcement of arbitration awards under the New York Convention.
Early Neutral Case Evaluation – is a non-binding assessment of a case by a neutral third party. The parties wish to resolve their dispute as early as possible. An early evaluation of the anticipated evidence and principles of law by a neutral expert will assist the parties and their counsel in assessing the strengths and weaknesses of their positions and may lead to settlement. Where settlement is not possible, early case evaluation may lead to a reduction of the issues which must be tried or arbitrated. Mr. Ellyn is available for neutral evaluation in all his fields of expertise.
Award Enforcement and Consulting – International Commercial Arbitration has become a complex field. Important issues arise in respect of jurisdiction of the arbitral tribunal, conflict of interest and drafting of effective arbitration clauses. In addition, the enforcement of international commercial arbitral awards is protected by a number of international conventions, particularly, the 1958 New York Convention. Mr. Ellyn is available to provide litigation and consulting services on these matters.
Igor Ellyn, Q.C., FCIArb. is available to act as mediator and conducts commercial dispute mediations in English, French or bilingually. Mr. Ellyn is also a Chartered Arbitrator and a Fellow of the Chartered Institute of Arbitrators, an internationally-respected arbitration organization, based in London, U.K. He is a member of the arbitration panels of ADR Chambers International and Rioarbitration Arbitrations can be conducted in English, French or bilingually.
Orie Niedzviecki is available to act both as mediator and arbitrator in all manner of commercial and estate litigation matters, drawing on his almost 20 years of law practice and his having participated in many mediations and arbitrations. Orie brings a fresh perspective to mediations/arbitrations and provides said services at a cost effective rate.