Alternatives to Court Litigation
There are alternative avenues of obtaining relief to a legal problem. These alternatives may or may not solve the problem. When using an alternative, one must keep in mind the statute of limitations that is applicable to that particular legal issue. A Statute of Limitations governs how long a complainant/plaintiff has to file a lawsuit before he/she is foreclosed from doing so. These statutes are designed to prevent claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses. Most alternatives do not "toll" (extend) the statute of limitations.
Arbitration Many contracts mandate arbitration for resolving disputes. Always check the fine print in the contract. American Arbitration Association FairShake: a free service that automates the process for filing consumer disputes through the American Arbitration Association. New York State Court-Connected Alternative Dispute Resolution "ADR" Programs
Mediation
Mediation is a process in which an impartial third party - a mediator - facilitates the resolution of a dispute by promoting a voluntary agreement by the parties in a dispute. A mediator facilitates communication, promotes understanding, focuses the parties on their interests, and seeks creative problem solving to enable the parties to reach their own agreement. Mediation is intended to NOT be the practice of law. The mediator is a neutral, quasi-judicial host, and can be a reality-tester and idea generator. Different styles of mediators: scrivener mediation (most passive role a mediator can play. Like a witness. Writes things down). Crisis mediation. Shuttle mediation (“Henry Kissinger” approach). Muscle mediation. Facilitative mediation. Single issue mediation. Comprehensive mediation.Federal Mediation & Conciliatory Services (U.S. Agency) About Mediation, New York State Unified Court System. New York Peace Institute - free mediation support for those in Manhattan and Brooklyn. New York State Court-Connected Alternative Dispute Resolution "ADR" Programs Sample Family Court Mediation Flyer (Check in each county)
Complaint about an attorney: File a complaint with the Attorney Grievance Committee that serves your area.Understand Client's Rights and Client's Responsibilities. Reference the Attorney Rules of Professional Conduct. Also look into the Lawyers' Fund for Client Protection if you have suffered an otherwise unrecoverable loss due to your attorney's malpractice. Further guidance: How to Complain About Lawyers and Judges in New York City (NYC Bar Association) Complaints must be in writing and signed by the complainant or, in the alternative where the conduct comes to the Committee's attention from a newspaper article, an unsigned inquiry or some other source other than a specific person, the Committee is empowered to authorize an investigation pursuant to a Chief Attorney's Inquiry. All records, papers, and documents associated with the investigation of an attorney are deemed private and confidential pursuant to Judiciary Law §90(10). Upon good cause shown, the Court, upon application of the respondent, or the Committee, may disclose such information.
Complaint about an attorney fee: File a complaint with the Attorney-Client Fee Resolution Program. In general, a lawyer may not sue a client in court over a fee dispute unless he or she first provided the client with notice of the right to utilize the FDRP. Once the client has received this notice, he or she has 30 days to decide whether to use the Fee Dispute Resolution Program (FDRP). If the client does not choose to participate in the FDRP within 30 days, the lawyer is free to pursue the matter in court. If the client has already paid the fee but disputes it, the client can choose arbitration or court. In either case, arbitration is not an option for representation in criminal matters, nor for disputed amounts that are less than $1,000.00. For amounts within the jurisdiction of small claims courts, small claims can be used.
Forms: (The FDRP website may have updated forms. The ones below provide an overview of the procedure.) Notice of Client's Right to Arbitrate Notice of Client's Right to Arbitrate - A Dispute Over a Refund of Attorney Fees Client Request for Fee Arbitration Attorney Response to Request for Fee Arbitration Notice of Arbitration Hearing Arbitration and Mediation Consent Forms (4 different ones) Mediator's Oath or Affirmation Stipulation of Settlement Notice of Arbitration Award Notice of Final and Binding Arbitration Award Arbitration Award Attorney Fee Cases The Legal Research page contains information on how to check for subsequent cases that may change these holdings.
Complaint about a licensed professional: File a complaint with New York State Department of State.
Complaint about education discrimination: File a complaint with the New York State Division of Human Rights.
Complaint about employment discrimination: File a complaint with the New York State Division of Human Rights or the United States Equal Employment Opportunity Commission.
Complaint about housing discrimination: File a complaint with the the New York State Division of Human Rights or U.S. Department of Housing and Urban Development.
Complaint about a New York state-licensed bank or lender, sales finance company or credit card, and any other complaint type not listed above including Check Casher, Debt Collector/Debt Relief, Bail Bond Agent, Virtual Currency issuer, Rent to Own/Gift Card, Money transmitter, etc. File a complaint with the New York State Department of Financial Services.
Complaint about a New York State-licensed mortgage banker, broker, loan originator, loan servicer, or mortgage related issue: File a complaint with the New York State Department of Financial Services.
Complaint about a vehicle dealer or repair shop: File a complaint with the New York State Department of Motor Vehicles, which is in charge of licensing such places.
Complaint about a new or used vehicle: See Motor Vehicles in Index to learn about lemon laws. Lemon Law Arbitration Program Regulations (NYS Attorney General's Office)
Complaint about a public utility (electric, gas, telecommunications, water, cable, steam): File a complaint with the New York State Public Service Commission. File a complaint about a telephone company with the Federal Communications Commision (FCC).
Complaint about an insurance company, agent, broker or adjuster regarding claims, cancellations and other issues surrounding homeowners, renters, health, life, auto, and casualty insurance: File a complaint with the New York State Department of Financial Services, which is in charge of licensing these entities.
Consumer complaint: File a complaint with the Consumer Financial Protection Bureau ("CFPB"), the New York State Attorney General's Office ("NYSAG"), the New York State Department of State ("NYSDOS"), or the Better Business Bureau ("BBB"). The CFPB is a federal agency. The NYSAG and NYSDOS are New York State agencies. The BBB is a non-profit. They act generally as mediators in individual complaints. The NYSAG can take legal action against a business when it has numerous complaints against it. The Better Business Bureau can adjust its rating of a business.
Complaint about fraud, identity theft, or unfair business practices: File a complaint with the Federal Trade Commission. Includes complaints about scams, rip-offs, and unwanted telemarketing, texts, and SPAM.
Complaint about a student loan, loan consolidation or reduction issue, financial aid, etc.: File a complaint with the New York State Department of Financial Services.
Complaint about an airline: File a complaint with the U.S. Department of Transportation.
Complaint about a Nursing Home: File a complaint with the New York State Department of Health.
Complaint based on disability in the provision of services, activities, programs or benefits: File a complaint with the New York State Department of Health.
Complaint about a funeral firm or director: File a complaint with the New York State Department of Health.
Complaint about a Code Enforcement Official or Building Safety Inspector: File a complaint with the New York State Department of State.
Complaint about telemarketing (robocalls): File a complaint with the Federal Communications Commission (FCC) or the New York State Department of State.
Contest your property tax assessment: Instructions and Forms. The assessment is first grieved (contested) administratively. Court is an option only if the administrative review is disagreed with. Note that each year starts "anew." That one did not contest last year's assessment does not bar contesting this year's, even if last year's was the same or higher. Also check for the deadline each year to file a grievance.
Small Claim (less than $5,000) for Property Damage Caused by NYS Department of Transportation: Instructions and Form (NYS Department of Transportation).
Sometimes, there is no alternative. Sometimes, the alternative does not resolve the problem. Then, a person has no choice but to seek help from the courts. For the court proceedings index, click here.
Funds that May be of Assistance
Oil Spills Oil Spill Fund (NYS Comptroller's Office) Oil Spill Fund: File a Claim (NYS Comptroller's Office)