Goldstein, Vespi & Vazquez, L.L.C.

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[edit] General Information

  • Official name: Goldstein, Vespi & Vazquez, L.L.C.
  • Country: USA
  • City: New Jersey
  • Type of organization: Non-profit organization
  • Date of creation: -
  • Interests: Mediation - Arbitration
  • Fields of expertise: Labor-management Disputes

[edit] Description

New Jersey mediation lawyer Jerry D. Goldstein employs solution-oriented techniques and strategies to pursue positive outcomes in labor-management negotiations. Through insight gained at Cornell's Institute of Labor Relations, his ADR practice focuses on providing flexible and versatile conflict resolution services. His focus areas include:

[edit] Mediation

Disputants retain the services of a third-party mediator to generate discussion and direct the conversation to the matters at issue. The mediator is an unbiased sounding-board who contributes to the process by generating creative suggestions and intervening when the discussion moves off track. Mediation allows the disputants to negotiate and reach a compromise that works for them in the long-term. Only the disputants themselves can decide the final outcome of mediation. Mediation does not require the use of attorneys, but attorneys are sometimes used in the process to protect each party's interests. If mediation fails, you still have the option to enter into courtroom litigation.

Mediation may be the right choice for you when you believe that compromise is possible in your case. Advantages of mediation include:

  • Presence of a mediator - Achieve resolutions to your disputes guided by a trained mediator.
  • Confidential - Pursue your options openly. Usually, courts cannot access mediation records.
  • Cooperative climate - Establish future relationships in negotiations aimed at compromise.
  • More control over cost - Save money on court costs.
  • More control over outcome - You decide how to resolve the conflict, not a mediator or judge.
  • More control over timeframe - Work out a resolution at your own pace.

[edit] Arbitration

An arbitrator - like a judge - decides the outcome of a dispute in arbitration. The disputants themselves get to select the person who serves as arbitrator, which can be useful when the case involves highly complex ideas, principles, or concepts. An attorney is almost always necessary to represent each party in arbitration because the arbitrator's decisions are almost impossible to overturn in most courts.

Many contracts, including employment contracts, make arbitration mandatory upon acceptance of the offer, product, or service. Once employees accept the offer of employment, they waive their right to resolve their disputes in court with the help of a judge and jury. Advantages of arbitration include:

  • Choice of decision-maker - Appoint an arbitrator with the appropriate level of skill, experience, objectivity, and technical expertise to make decisions in your case.
  • Confidential - Proceedings are confidential to the extent that no one expresses the intent to commit a crime and that there is no substantive reason to compel court-ordered testimony.
  • More control over cost - Save money on court costs.
  • More control over timeframe - Work through the issues at your own pace.

[edit] Facilitation

Facilitation is a technique that is most appropriate when the matters at issue are not hotly contested and the parties are not polarized on the subject. Each party should be willing to compromise to come to a mutually acceptable decision. Attorneys are usually unnecessary in facilitation.

In facilitation, facilitators focus on the process of improving communications, rather than the substantive issues involved. Facilitators remain impartial and provide procedural instructions to move the meeting forward to resolution. The disputants themselves make decisions to achieve mutually satisfactory outcomes.

Advantages of facilitation include:

  • Efficiency - Use your time constructively. Stay focused on the end-goal.
  • Improved communications - Minimize disruptions from assertive participants. Hear minority points of view.
  • Structured process - Plan, problem-solve and set goals. Minimize conflict and maximize effectiveness.

Jerry D. Goldstein brings skill, experience, and dedication to the negotiation table. He serves as an ADR Neutral and ADR Advocate in business, commercial, real estate, and civil disputes. Hand- selected for participation in Cornell's inaugural Industry and Labor Relations - Alternative Dispute Resolution program, he has received intensive training in the strategies and tactics used in today's alternative dispute resolution forums. He continues to pursue positive outcomes for his clients in labor-management dispute resolution.

[edit] Bankruptcy Alternative Dispute Resolution

In few areas of law does mediation provide as many benefits as it does in bankruptcy. A drastic increase in the amount of bankruptcy filings, the need to streamline bloated dockets, and hopes of reducing the increasingly high cost of bankruptcy litigation has forced bankruptcy judges and attorneys to seek out and employ various methods of alternative dispute resolution.

Alternative Dispute Resolution can reduce the strain on both the over-burdened court system and litigants’ monetary bottom-line by providing fast and inexpensive ways to avoid traditional bankruptcy litigation.

Disputes asserted by Chapter 7 trustees and parties in adversary proceedings concerning preference, avoidance, non-dischargeability, fraudulent conveyance and claims allowance actions are frequently mediated.

Bankruptcy mediation is also useful for resolving multi-party disputes and discrete issues in all types of contested matters such as valuation, interest rate and state law specific disputes.

Jerry D. Goldstein has represented debtors, creditors and third parties in many districts over seventeen years of practice. His involvement in all size and all chapter bankruptcies, along with extensive ADR training, makes him uniquely qualified to act as a mediator and arbitrator in bankruptcy matters.

Reducing costs are particularly important within the bankruptcy context. In bankruptcy, litigation costs for the debtor come out of property of the estate. Every dollar that comes out of property of the estate is a dollar out of the pockets of the creditors. As a result, creditors have an even greater sense of urgency to solve problems as cheaply as possible, for they are paying for both sides of the litigation.

Mediation can be a useful tool in a bankruptcy judge’s toolbox in order to resolve large bankruptcy claims, especially in cases of mass-tort litigation. Because bankruptcy courts are unable to hear personal injury claims, each tort claim or class action may have to be independently tried all over the country. Mediation has proved quite effective in resolving mass tort problems in the bankruptcy context. Where once the costly, length, and fragmented nature of mass tort litigation would threaten to completely destroy the possibility of Chapter 11 reorganization, the time and cost saving methods of mediation saved reorganizations where they would once die.

[edit] Alternative Dispute Resolution for Employment

Navigating worker's claims and employment disputes Their Alternative Dispute Resolution law firm provides litigation, mediation, arbitration, and facilitation services to employers and employees involved in workplace conflict. Goldstein, Vespi & Vazquez, L.L.C. aims to resolve these disputes using solution-oriented techniques. Goldstein, Vespi & Vazquez, L.L.C. serves as ADR Neutrals and ADR Advocates for the following types of claims:

  • Administrative Processing of Equal Employment Opportunity (EEO) Complaints
  • Age Discrimination in Employment Act (ADEA) Protections
  • Affirmative Action
  • Americans with Disabilities Act (ADA) Protections
  • Disability Benefits
  • Disclosure and Privacy Issues
  • Discrimination or Harassment Based on Age, Race, Sex, Ethnicity, Religion, or Sexual Orientation (Title VII)
  • Due process Requirements in the Public Sector
  • Employee Retirement Income Securities Act (ERISA)
  • Employment at Will
  • Employment Contracts and Benefits
  • Fair Labor Standards Act (FLSA) Statutes Regarding Minimum Wage, Overtime Pay, and Employment of Minors
  • Family Medical Leave Act (FMLA) Protections
  • Harassment
  • Hiring Discrimination
  • Occupational Health and Safety Administration (OSHA) Complaints
  • Protections Against Retaliation
  • Qui tam and Whistle Blowing Protections
  • Sexual Harassment
  • Safety and Health Issues
  • Terms and Conditions of Employment
  • Title VII of the Civil Rights Act Prohibiting Harassment or Discrimination
  • Vacation and Leave Policies
  • Workplace Discrimination
  • Wage and Hour Laws
  • Wage and Salary Requirements
  • Whistleblower Protections
  • Workers’ Compensation

[edit] Alternative Dispute Resolution for Labor

Negotiating change in business practices In a global economy, employers face increasing pressure to cut costs. Competition from global markets compels employers to reduce their labor costs and stretch their employees to the limits.

Their attorneys represent employees, unions, and their members in negotiations with employers. They are qualified to serve as ADR Neutrals and ADR Advocates. They provide sound advice with exceptional results. They look out for the rights of workers in litigation, mediation, arbitration, and facilitation relating to the following types of cases:

  • Collective Bargaining
  • Contract Negotiations
  • Dispute Resolution Procedures
  • Duty of Fair Representation Cases
  • Federal Employers Liability Act (FELA) Protections for Railroad Workers
  • Grievance Arbitrations
  • Injunctive Relief
  • Public Employment Relations Board (PERB) Enforcement of Public Sector Labor Laws
  • Pursuing Wage and Hour Law Violations
  • Representation for National Labor Relations Board (NLRB) Hearings
  • Representation for Strikes and Lockouts
  • Suing the Government
  • Wage and Hour Law Violations

[edit] Contact

New York Metro Area Office. 264 Union Boulevard, Totowa, New Jersey 07512 - USA

Tel: 1-888-574-2263

Email: Request online

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