Christian S. Herzeca
Christian S. Herzeca, Esq. is an experienced mediator specializing in the mediation of business and commercial disputes.
Chris Herzeca is a mediator specializing in the resolution of business and commercial disputes. Mr. Herzeca maintains a private practice, and acts as a mediator in the ADR Program of the Commercial Division of the Supreme Court of the State of New York, New York County.
Before establishing his mediation practice, Mr. Herzeca was a corporate lawyer specializing in securites and M&A transactions as a partner and counsel at the Wall Street firms of Brown & Wood and Kramer, Levin Naftalis & Frankel.
References available upon request.
Why you (the client) should mediate your business and commercial disputes:
1. Tailor your own settlement.
As a businessperson, how often do you leave the determination of an important business decision to someone who knows very little of your business? So why should you leave the determination of your dispute to a judge or jury who knows nothing about your business objectives?
2. Achieve a reasonable and satisfactory outcome.
As a business person, you are aware that you shouldn't make the perfect the enemy of the good. Litigation is often a win all/lose all game; while it may make very good business sense to commence litigation with respect to a business dispute, it often does not make equal business sense to let the litigation run its full course to the final outcome.
3. Save transaction costs, especially attorneys fees, and reduce distraction to your business.
The cost of business litigation has increased dramatically. The costs that you must incur to finance business litigation often represent a significant portion of the anticipated recovery (and an even higher percentage of an objective expected recovery). The cost of mediation is a small fraction of the cost of business litigation. Also, the amount of time that your executives must devote to the resolution of the dispute is much less than in litigation.
4. By using an experienced mediator such as Chris Herzeca, you can increase the likelihood that a reasonable and satisfactory outcome is achieved.
There are many reasons why interposing a mediator between parties to a business dispute increases the likelihood of a successful outcome. Among other things, the mediator can short-circuit "game theory" strategic ploys, achieve mutuality of accomodation and concession without either side "losing face", generate options that neither side has the objectivity to identify, and permit the parties to vent frustration and other emotions in a way that does not sidetrack the settlement process.
Why you (the attorney) should use mediation for your clients' business and commercial dsputes.
Client satisfaction. While there are certain cases that are important enough to your client's business to merit the significant expenditure of time and money required for litigation, many cases simply are not worth litigating to final outcome and appeal, when viewed objectively and dispassionately. Your client is likely sophisticated enough to appreciate this fact as well, and will likely also appreciate your recommendation to resort to mediation for these important, but not "bet the company," business disputes.
Christian S. Herzeca
7 West 81 Street, Suite 3A, New York, New York 10024