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<xTITLE>The Wisdom Of Choosing A Retired Jurist For ADR</xTITLE>

The Wisdom Of Choosing A Retired Jurist For ADR

by Matthew Rosenbaum
November 2020

Published on Lawyers.com here.

Matthew Rosenbaum

During this year of COVID-19, courthouses have been repeatedly challenged with closures and delayed start-ups. New York has been one of the more ambitious states to cautiously recommence civil trials, albeit at a slow pace. The many moving and complex parts of civil cases make it very difficult to break up the court log jams wrought by the pandemic. Consequently, attorneys and clients who seek to resolve cases by year-end 2020 or in the first quarter of 2021 will face a clogged court calendar. Parties have the option, however, to bypass an overburdened court system by turning to alternative dispute resolution (ADR) to settle their disputes more quickly and less expensively. Here’s how!

 

  • Retired, active judges experienced in adjudicating complex litigation claims are especially well qualified to handle mediations and arbitrations within compressed time frames.
  • Judges’ case management skills developed from handling heavy court dockets make them exceptionally qualified to resolve disputes thoroughly and expeditiously.
  • Judges have deep knowledge of state and federal law and special expertise in a variety of practice areas, making them well positioned to understand and explain the strengths and weaknesses of your case.
  • Judges with years of experience settling numerous cases on the bench are skilled at bringing parties together and resolving disputes through mediation and arbitration.
  • Parties are free to choose a judge that has the qualifications that best fits their needs and has a proven track record in resolving disputes successfully; contrast that with litigation where the judge is assigned by the court and may not be to the parties’ liking.

 

There is immense value in having a retired judge handle your ADR both in terms of cost efficiency and judicial experience. Check the retired judge’s mediation website. See if the judge has listed her/his rates and fees. More often than not, lawyers will be surprised at how affordable these top line neutrals are and how effective they can be in resolving their cases.

Mediation and arbitration can be meaningful and productive processes in many ways. For clients, ADR provides a more informal and relaxed way for them to express themselves and not worry about the formalities and pressures imposed by a robed judge or lay jury. For attorneys, mediations and arbitrations provide more flexibility to advocate as they wish, without burdensome procedural or evidentiary restrictions. Importantly, ADR permits the parties to resolve their disputes quickly, efficiently and cost effectively allowing them to move on with their lives.

As a former NYS Supreme Court Justice engaged in arbitrations at Rosenbaum Mediations, I bring over fourteen years of experience successfully settling thousands of cases and issuing numerous decisions at bench trials and in motion practice. During mediations, I maintain a neutral stance and employ a collaborative approach while working with the parties and discussing the merits and pitfalls of their case. I take the necessary time needed to resolve the parties’ issues and do the best I can to bring a settlement to fruition. I enjoy the collegiality with the attorneys and am not shy about speaking with their clients to put them at ease.

Biography


Former State Supreme Court Justice, now owner of Rosenbaum Mediations, PLLC.

During his time as a New York State Supreme Court Justice, Matthew A. Rosenbaum spent the past fifteen years assisting attorneys and their clients in resolving disputes as straightforward as automobile accidents to complex litigation matters such as toxic torts, medical malpractice and commercial litigation. Known for his direct honest approach to evaluating lawsuits, reviewing each matter sensitively, and offering an impartial perspective that attorneys and their clients understand and appreciate, Matthew A. Rosenbaum has a reputation for reaching agreeable resolutions.

Having served as the first ever designated lead paint litigation judge, Matthew A. Rosenbaum settled several hundred cases in that field, while only needing to conduct one jury trial and one bench trial in the seven years he was assigned to that part.

As the 7th Judicial District’s first ever designated medical malpractice judge, he gained a reputation state-wide, for his knowledge in this complex field, having been awarded one of the first federal fellowships in the Advanced Science & Technology Adjudication Resource (ASTAR) Program. In addition, he co-founded a collaborative program between doctors and lawyers, The Physicians & Attorneys Cooperative Education (PACE) Program, enabling lawyers and doctors to adopt a more collaborative approach to settling matters.

As the 7th Judicial District's third Commercial Judge, he took on a leadership role handling matters both complex and voluminous, encouraging collaboration, thus allowing parties to avoid spending tens of thousands of dollars on an unpredictable trial.

As the Rochester region’s first ever Supervising Judge of Civil Courts, Matthew A. Rosenbaum stepped in for judges who had conflicts and handled a variety of litigation matters, often settling matters in earlier stages saving parties time and money.

Ask attorneys and their clients about what makes working with him successful? They would say that his style and conscientious efforts make him approachable and productive. It is true that not all matters settle; however, he has met with many successes due to his long time experience and determination. He works with attorneys and their clients to resolve matters quickly, efficiently and at a very fair and reasonable cost.



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