- 40 plus years of experience
- Wide spectrum of cases handled (in litigation and/or in mediation)
- Viewed both sides of dispute having represented both individuals and small companies who have been both plaintiffs and defendants
- Superior Court trained and qualified mediator
- Premier educational background
Affordable Dispute Resolution (“ADR”) was founded by Bert Binder, an attorney with more than forty years of experience. Mr. Binder has been admitted to practice law in the states of New Jersey and New York and has appeared in courts throughout New Jersey, New York City and southern New York State. He serves as ADR’s chief mediator.
Over the past 41 years, he has handled a multitude of different types of cases, either as a litigator and/or as a mediator. Matters with which he has experience and knowledge include, but are not limited to: real estate and all types of business contract disputes; wills and estate disputes; cases in both the employment and school arenas (where discrimination, harassment, and /or retaliation has been alleged to have occurred); workers compensation matters; construction disputes; property damage and personal injury claims asserting negligence and/or intentional misconduct; dram shop law cases; social security claims; collection matters; foreclosures; consumer fraud cases; civil rights claims; family law cases; guardianships and conservatorships; and even a pet custody dispute. In guardianship and conservatorship cases, he has often served as the Court-appointed attorney for the alleged incapacitated person. Whatever the nature of your case, ADR will have it handled by an experienced and knowledgeable mediator.
After earning a bachelor’s degree from Duke University, he attended, and graduated from, New York University School of Law. While there, he was awarded a Ford Foundation Fellowship and served an internship in the office of the New York County District Attorney. Upon passing the bar, he became engaged in private practice. Although having handled numerous criminal cases early in his career, his practice has focused primarily on handling civil cases. His clients are, and have generally been, individuals and small companies, resulting in his having had the opportunity to represent both plaintiffs and defendants and thereby learning to view cases from both sides. This broad perspective has proven invaluable in his work as a mediator.
Early in the course of his multi-faceted practice, Mr. Binder learned that two of the most dangerous things a client can demand are (i) his/her “day in Court” and (ii) that his/her case to go to verdict by a judge or jury. While most judges are very well versed in the law, neither a judge nor a jury knows, nor will they ordinarily learn, more than a fraction of the facts and background of the case. For reasons more fully described on the “Mediation vs. Litigation” page (CLICK HERE), the Judge or jury simply may never be fully apprised of such facts, and even if told “all the facts”, he/she/they may misunderstand or disregard them All of this is totally beyond the control of the litigants and their lawyers. Thus, the benefit of resolving cases/disputes amicably is clear. Dispute resolution insures no one walks away empty handed or pays an outrageous sum of money because some stranger(s) ( i.e. the Judge and/or the jury) did not know, misunderstood, disregarded or misconstrued the facts.
From time to time there are, cases that, for one reason or another –usually the intransigence or lack of understanding of a litigant or attorney- cannot be settled. No matter what the result of those trials, Mr. Binder however, remains convinced that the uncertainty, expense and time of trial as well as physical and mental strain upon the parties rarely makes trying a case worth the time and effort involved, even when one is victorious. It should be kept in mind that whenever there is a victor, there will also, by necessity, be a loser who could have most likely reduced his losses through mediation.
Mr. Binder, de facto, became mediator years ago almost without even realizing it. To his clients’ total satisfaction, he has amicably resolved literally thousands of cases. On more than one occasion, two of his clients who knew each other and knew that the other was also represented by Mr. Binder would jointly come to him, advise him of the existence of a dispute between them, ask that Mr. Binder listen to each side and give them his thoughts as to a non-binding proposed resolution. As an accommodation to them both (after receiving the appropriate disclaimers reading any conflict of interest), Mr. Binder rendered the requested service. The result, most often, was a resolution of the dispute that same day.
With this background, in 2008 Mr. Binder undertook and successfully completed mediation training approved by the Superior Court of New Jersey and was awarded a Certification from the Superior Court of New Jersey formally qualifying him to serve as a mediator for the Court. Since that time he has undertaken more than 100 matters for mediation. Some were settled by the parties before his active intervention. Of the cases which actually were the subject of a mediation session, many were already in litigation, and rather firm positions had been taken by the parties. Still, well in excess of half of those cases were resolved at/through mediation presided over by Mr. Binder; (this is considerably above average). Of the cases which did not immediately settle at a mediation session, the gap between the parties’ positions was often narrowed, resulting in the ultimate settlement of the vast majority of cases before trial.
In conjunction with his serving as a mediator, Mr. Binder continues to maintain his legal practice and from time to time, when appointed by the Court, serves as an arbitrator. A copy if his formal resume is available upon request.