Jaclyn A. Brilling

Mediator & Legal Services
141 Jordan Boulevard
Delmar, New York 12054

518-339-9290



Areas Of Practice

Business
Commercial
Construction
Contract
Disability Insurance
Elder
Environmental
Guardianship
Medical Malpractice
Professional Malpractice
Real Estate

 
 


Arbitration, a form of alternative dispute resolution (ADR), is a technique for the resolution of disputes outside the courts. The parties to a dispute refer it to arbitration by one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), and agree to be bound by the arbitration decision (the "award"). A third party reviews the evidence in the case and imposes a decision that is legally binding on both sides and enforceable in the courts.[1]

Other forms of ADR include mediation[2] (a form of settlement negotiation facilitated by a neutral third party) and non-binding resolution by experts. Arbitration is often used for the resolution of commercial disputes, particularly in the context of international commercial transactions. In certain countries such as the United States, arbitration is also frequently employed in consumer and employment matters, where arbitration may be mandated by the terms of employment or commercial contracts.

Arbitration can be either voluntary or mandatory (although mandatory arbitration can only come from a statute or from a contract that is voluntarily entered into, where the parties agree to hold all existing or future disputes to arbitration, without necessarily knowing, specifically, what disputes will ever occur) and can be either binding or non-binding. Non-binding arbitration is similar to mediation in that a decision can not be imposed on the parties. However, the principal distinction is that whereas a mediator will try to help the parties find a middle ground on which to compromise, the (non-binding) arbitrator remains totally removed from the settlement process and will only give a determination of liability and, if appropriate, an indication of the quantum of damages payable. By one definition arbitration is binding and so non-binding arbitration is technically not arbitration.

Arbitration is a proceeding in which a dispute is resolved by an impartial adjudicator whose decision the parties to the dispute have agreed, or legislation has decreed, will be final and binding. There are limited rights of review and appeal of arbitration awards. Arbitration is not the same as:

judicial proceedings, although in some jurisdictions, court proceedings are sometimes referred as arbitrations[3]
alternative dispute resolution (ADR)[4]
expert determination
mediation

Professional Experience:

Hearing Officer, Office of the State Comptroller Thomas DiNapoli (Retirement System), October 2014-Present:

Secretary to the Commission, New York State Department of Public Service, July 2003 – December 2012:

Administrative Law Judge, New York State Department of Public Service, 1996-2003:

-          Presided over administrative hearings commenced before the Commission:

-          Wrote recommended decisions

-          Acted as an arbitrator and mediator when requested

Settlement Judge:

-          Conducted multi-party mediations, collaborations and settlement proceedings

-          Advised on both adjudicated and settlement cases

Deputy Counsel
, New York State Commission on Cable Television (CCTV), 1985-1996:

Staff Counsel, New York State Department of Public Service, 1979-1985:

 
Bar Admissions:

-          New York State, Appellate Division, Third Department, 1980.

-          Federal District Court for the Northern District of New York, 1980.

-          Supreme Court of the United States of America, 1996.

 Education:

-          Vermont Law School, J.D., June 1979; (Moot Court Advisory Board 1976-77)

-          Georgetown University, BSFS, May 1976

-          SUNY at Albany, Econometrics, taken as part of a certification program in 1982

-          Albany Dispute Resolution Program, Inc.- Mediation training, March 1994

-          Capital Leadership Class of 1996

-          Impartial Hearing Officer Training, NYS Department of Education (1994 - Present)

-          Advanced Mediation Training, NYS Department of Education, November 1995;

-          Cornell University, March 1996;

-          Strauss Institute of Pepperdine University Law School, Advanced Mediation Training, January 1998

-          GOER Leadership Classroom graduate – January 2006.

-          Continuing Education for Mediation through Community Mediation Centers and

-          NYSBA, ADR Section.

 Consultancies and Pro Bono Work (1979 - Present):

Trainer - Mediation and ADR: 

-          NYS DPS Trainer for courses in Mediation, Consensus Building, Facilitation, and Ethics

-          NYS Education Department (Mediation of Special Education disputes),

-          The New York State Dispute Resolution Association (NYSDRA)

-          Albany Law School of Union University

-          Mediation Matters, Inc. (the community dispute resolution center for Albany, Rensselaer, Saratoga, Warren and Washington Counties).

Guest Lecturer:

-          State University of New York at Albany-Masters of Public Policy Program: 

-          Legal Reasoning in Public Policy Analysis.

-          Albany Medical College of Union University

-          Universities of Warsaw and Krakow in Poland

-          Prague University in the Czech Republic: 

-          Lectured on Medical Malpractice.

 Board Membership / Other Activities (Current):

-          Georgetown University Alumni Interviewer (1983 – Present);

-          GU Assoc. NENY (2006 - Present)

-          Loyalty Society (2006 - Present)

-          Priest Misconduct Panel - Diocese of Albany,(1993 - Present)

-          Impartial Hearing Officer - NYS Education Department, (1994 - Present)

-          Our Lady of Angels Province, Franciscan Review Board (2007 – Present)

-          St Anne Institute, Board of Trustees (2008 – Present);

-          Vice Chair (2015-2016)

-          Vermont Law School Alumni Association Board of Directors (2013-Present);

-          Development Committee Chair (2014 - Present);

-          Dean’s Leadership Committee (2015)

-          Vermont Law School Alumni Association NENY - Secretary (2009 – Present)

-          Madison’s Who’s Who Among Professions (2012 - Present)

-          Mediation Matters (Mediation Center for Albany, Schenectady, Warren, Washington, Saratoga and Rensselaer Counties)

-          Member of the Board (1998-2011)

-          Secretary Pro Temp, (2011),

-          Volunteer Mediator, Mediation Matters and Center for Dispute Settlement (1986-Present)

-          Volunteer Arbitrator, Attorney Fee Disputes, 3rd and 4th Judicial Districts (2011 – present)

-          CTRC Governance Committee - Member (2011 - Present)

-          Pride Center of Albany - Volunteer (2014 - Present)

-          Deliver “Community” Magazine to Albany and Colonie, NY locations, monthly

-          Albany Police Review Board - Mediator (competitively selected) (2014 - Present).

Publications:

“Perspectives on Managing a Negotiated Rule Making,” NYSBA Government Law and Policy

 Journal (Fall 2000, Vol. 2, No. 2, pp. 54-57)

“Alternative Dispute Resolution and Administrative Flexibility.”  Individual article submitted

by Jaclyn A. Brilling, Judith A. Lee and Eleanor Stein, Administrative Law Judges for: “A

Compilation of “Best Practices” to Implement the Telecommunications Act of 1996,” The

National Regulatory Research Institute White Paper, April 1999.

141 Jordan Boulevard
Delmar, NY 12054

P: 518-339-9290
E: [email protected]