McCarthy ADR Services, LLC | Mediation & Arbitration

Dedicated to Providing Independent and Responsive Alternative Dispute Resolution Services

Studies have shown that 10 times as many legal disputes are settled through alternative dispute resolution (ADR) methods than by trial. ADR methods can resolve conflicts effectively using processes selected specifically to resolve a particular dispute.

McCarthy ADR Services, LLC provides dispute resolution assistance to attorneys and parties who are involved in litigation – or in some instances where litigation is contemplated and the parties wish to pursue resolution prior to commencing suit. Whether you need a mediator to help the parties resolve the dispute, or an arbitrator who can render a binding decision, contact Judge McCarthy today. He has the experience necessary to facilitate creative resolutions to complex problems. Judge McCarthy explores every option available, including ones not available in a courtroom, but which often produce better results for all parties.

The Honorable William E. McCarthy (Ret.) | Albany, NY Mediator

About Judge McCarthy

Hon. William E. McCarthy (Ret.) is a reputable and sought after neutral; he has devoted his attention almost exclusively to his ADR practice since retiring from the bench. Judge McCarthy has been an integral part of the New York State legal community for more than 30 years. He is well known not only in the Capital Region, but throughout the state for his preparation, professionalism, fairness and neutrality.

Prior to becoming a neutral, Judge McCarthy spent more than 12 years as an Appellate Justice, serving in both the Second (Brooklyn) (2006-2009) and Third (Albany) (2009-2018) Departments, where he considered more than 10,000 appeals and authored more than 1,000 opinions.

Before being elevated to the Appellate Division, Judge McCarthy served as a trial judge in the New York State Supreme Court, heading the Commercial Division (Albany County), where he facilitated the resolution of numerous complex commercial cases. Prior to taking judicial office, Judge McCarthy was a senior assistant counsel to the Governor and served as a principal law clerk to three Supreme Court judges. His experience as a law clerk, trial and appellate justice provides him with a unique perspective into how ADR methods can be used to resolve matters efficiently and effectively. Judge McCarthy is patient with parties. Attorneys laud him for his ability to quickly grasp complex legal matters.

Judge McCarthy is a graduate of the State University of New York at Potsdam, magna cum laude, and Albany Law School. He has been an active member in many professional and charitable associations and affiliations, including the Albany County Bar Association, the Association of Justices of the Supreme Court of the State of New York, Catholic Charities of the Diocese of Albany, the Albany VA Hospital, Disabled American Veterans, Equinox and the National Multiple Sclerosis Society.

Judge McCarthy is admitted to practice law in the State of New York, the State of Connecticut and the United States District Court for the Northern District of New York.

Rated “Highly Qualified”
 by the Independent Judicial Election Qualification Commission, 2018

Rated “Highly Qualified”
 by the Albany County Bar Association Judicial Screening Committee, 2018

Rated “Well Qualified”
 by the Ulster County Bar Association Judicial Screening Committee, 2018

Hourly Rate

$525.00 an hour for preparation, conducting proceeding, and services performed after the hearing, if any, divided by the number of participants. There is no minimum – parties are billed only for actual time expended.

Hourly rate may be adjusted for mediations or arbitrations involving multiple parties/law firms or extraordinary cases. Adjustments to be made on a case-by case basis for panel arbitrations.

Travel Fees

Travel time is billed at $100.00 an hour. Travel fees apply to services performed 30 miles or more from Albany (minimum hearing duration - 3 hours).

Cancellation Policy

In the event there is a cancellation with less than seven days notice, a $1,000 cancellation fee will apply.

Mediator William E. McCarthy | Former State Supreme Court Justice

Schedule a Mediation or Arbitration

To schedule a mediation or arbitration, please complete the e-mail form below.
Once your e-mail is received, we will contact you promptly to confirm scheduling of your mediation/arbitration and next steps.

If you experience any difficulty through e-mail, please call 518-429-7514.

Types of Cases

Judge McCarthy will mediate or arbitrate all types of civil and commercial disputes including, but not limited to:

Appeals
Banking and Finance
Business/Contract Disputes
Child Support
Civil Rights
Civil Service Law section 75
Class Actions and Mass Torts
Commercial and Business
Construction Law
Creditor and Debtor Rights
Child Custody Disputes
Divorce
Education

Eminent Domain Law
Employment Discrimination
Environmental Law
Family Law
Negligence
Health Care
Insurance Referee/Umpire
Insurance Subrogation
Intellectual Property Disputes
Labor and Employment Law
Matrimonial Law
Medical Malpractice
Mergers and Acquisitions

Partnership and Shareholder Disputes/Dissolutions
Personal Injury Law
Property
Product Liability
Professional Liability
Professional Malpractice
Property and Boundary Line Disputes
Real Estate
Securities and Commodities
Trusts and Estates
Wills
Wrongful Death
Wrongful Termination and Whistleblower Claims

Mediation

At some point, parties to a dispute will almost always discuss the possibility of settlement. Studies have shown that settlement can, in many instances, be reached with the assistance of an impartial third party facilitator. In the mediation process, a mediator will act as a third party facilitator in the conduct of settlement negotiations between the parties. Mediation is an informal and non-binding process. The mediator does not consider evidence and does not represent ANY of the parties. The mediator may meet with the parties and their attorneys and discuss the issues and the options for settlement. The mediator will then meet with the parties individually. All discussions are confidential and privileged.

Arbitration

In many cases, the parties cannot settle their dispute. They may have agreed prior to a dispute arising to submit any disagreement to arbitration. This circumstance usually arises where the parties had previously entered into a contract which required that any disagreement with regard to the contract would be resolved by arbitration. In the alternative, during a dispute the parties may agree that they do not wish to submit their dispute to the courts. This decision may be based on a cost analysis, a concern for time delay, a desire for confidentiality or a combination thereof. When a matter is submitted to arbitration, the arbitrator acts as the final decision maker. The arbitrator reviews the documents, listens to testimony, entertains argument and renders a binding decision.

A Relentless Approach To Resolution