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Litigation – Trials, Hearings, Appeals and Other Options

Litigation: If you have been served with a lawsuit, or have been unable to come to an agreement with an opponent, Shaw & Murphy will zealously advocate your position and guide you through the Court process. We are experienced in representing clients at trial in a variety of cases in Town, State, and Federal Courts.

Alternatives to Litigation: We recognize that Court may not be the best option for you. You may be better served by negotiation, mediation, collaboration, or arbitration. We can assist you with all of these means of resolving your dispute.

  • Negotiation: Negotiation is a conversation between two or more parties trying to resolve their own dispute. It can take place directly between the parties or their lawyers. We're experienced both in supporting clients conducting their own negotiation, and in negotiating for clients to find a resolution that best meets their goals.

  • Mediation: Mediation is meeting with a neutral third person to help you discuss your situation. Trained mediators, like the people at Community Dispute Resolution Center ("CDRC") help parties discuss their own solution. You can also use individual mediators. Generally, lawyers do not attend mediation with you, but answer your questions that come out of mediation. We are experienced in supporting clients during mediation with advice on options, and helping craft a written agreement that reflects their mediation result.

  • Collaborative Law: In Collaborative Law, the parties each have their own specially-trained lawyer and discuss their needs in a series of meetings between the parties and their attorneys. Collaborative lawyers: 1) help the parties accumulate the information needed to resolve their situation; 2) help the parties set the rules for their discussion and plan the topics to be discussed; and 3) help guide the parties' discussion to find a mutually agreeable solution. Mr. Murphy is trained in Collaborative Law. You can find out more about Collaborative Law at www.collab-law.com.

  • Arbitration: Essentially, arbitration is hiring a private judge. In this method, you are giving up the protections of a formal legal process in favor of a faster, less formal process. It takes less lawyer time, and is therefore less expensive for you. Arbitration can be used in almost any civil matter, except for divorce or child custody matters. Shaw & Murphy attorneys have tried cases in arbitration, and have served as arbitrators.

Appeals: Sometimes even after a well-researched and carefully conducted trial or proceeding, the result is not in your favor. The Firm has substantial experience in appealing cases to Courts and other reviewing entities both in government and in university settings.

  • When you meet with us to describe your case, we can offer insight based on years of appellate strategy, appellate argument, and a thorough knowledge of appellate rules. Mr. Murphy has argued appellate cases, largely in Albany, for nearly 20 years. Ms. DeWeese has additional insight from having worked for the State Appellate Court in Rochester as an Appellate Court Attorney for two years.

  • Some of our reported appellate successes include:

    • Jamilah DD v Edwin EE, 151 A.D.3d 998 (3d Dept 2017): Successfully defended custody by Florida parent against New York parent where child had lived most of their life in Florida.

    • Joseph Q v Jessica R, 144 A.D.3d 1421 (3d Dept 2016): Reversed a decision by successfully showing the trial court misunderstood the facts and failed to develop an adequate record.

    • In re Alyssa OO, 68 A.D.3d 1158 (3d Dept. 2009): Successfully defended parent from claims of neglect, overturning trial court decision.

    • Edwards v Cade, 33 A.D.3d 1087 (3d Dept 2006): Overturned trial court's decision by showing a parent used unsworn testimony to prevent visitation.

    • Lopez v Robinson, 25 A.D.3d 1034 (3d Dept 2006): Successfully defended a mother's custody when challenged by father who failed to engage in visitation and had alcohol and drug abuse problems.

    • Kyes v Northbrook Property & Casualty Ins. Co. 278 A.D.2d 736 (3d Dept 2000): Successfully argued that our client's insurance broker had misinformed him about the coverage of an insurance policy and won coverage of business fire losses.

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Shaw & Murphy Law Firm

Ithaca Office
The Frontenac Building
109 East Seneca St
Ithaca, New York 14850
Phone: (607) 273-2900
Fax: (607) 273-2933
E-mail: [email protected]

Groton Office
170 Main Street
Groton, NY 13070
Phone: (607) 898-3190
Fax: (607) 898-3765
E-mail: [email protected]