Don’t Wait, Arbitrate: New Era ADR and MCA Claims

“New Era, in a nutshell, is 100 days in arbitration, so legally enforceable arbitration, all for one flat fee, all on our platform,” says Rich Lee, CEO of New Era ADR. “This is deliberately built for the bulk of litigation, the stuff that organizations and people just want to get resolved fast, and they don’t want to just accept sub-optimal outcomes like walking away from a collection or settling an employment claim when they didn’t do anything wrong.”

Many industries, including automakers, banks, real estate companies, sports teams, and even the Olympics, rely on the New Era platform to handle arbitration cases. MCA companies too are using New Era, according to Lee. While arbitration as an established process to resolve contract breach claims is not new in MCA, the workloads experienced by certain court systems can make the speed and efficiency of arbitration a preferred alternative. New Era’s arbitration is all virtual so one party is not prejudiced by having to travel a long distance to go through it. And the process, managed by arbitrators that are knowledgeable in the specific area of law a claim calls for, is fast enough that if an award is issued in favor of a funder, they’ll be able to act on it quickly.

“If you started in court, because of the congestion, a lot of courts you’re waiting sometimes a year to get that court order,” Lee says. “But on our platform, inside of about 100 days, you’re getting the arbitration award and then maybe you’re tacking on an extra 30 days just for the court to give you the corresponding order. So that’s how it works. And so we’re actually seeing these MCA clients, their awards now on New Era are getting enforced and they’re getting the corresponding court orders.”

Beyond the 100 day resolutions, they actually have some funders who are getting arbitration awards for uncontested disputes in far less than 100 days, some in 30 days. Given that the arbitrators are neutral, even these situations are scrutinized, but it is done in an efficient manner.

New Era has over a hundred arbitrators on their tech-first arbitration platform which benefits from scale. “Even though it’s 90% faster and cheaper, [it’s the] same quality arbitrators and mediators you’d find anywhere else,” he says.

Those arbitrators are not just the standard style retired practitioner either. While New Era has many retired judges and lawyers on their bench of arbitrators and mediators, they also have many who are highly-experienced lawyers who are still practicing law. These people who are partners in law firms, in-house counsel at companies who are already very experienced lawyers in their space who are hearing these cases.

Lee says there’s always a conflict check before anyone is assigned and the benefit is an arbitrator familiar with the active area of law.

“So we’re able to put only employment arbitrators and mediators on employment cases. If an MCA came in they would never see one of our employment arbitrators, they would only see the folks who know finance, who know this space,” Lee says. “Our arbitrators for MCA disputes not only have finance experience, but specifically MCA-specific experience and many have New York-specific jurisdiction experience.”

New Era’s virtual platform enables resolution in all states and jurisdictions, not just New York, as they have neutrals across the country.

Lee is a former corporate and IP attorney himself and his three co-founders are also lawyers or have worked in a legal environment. And what he experienced from his career is that not every litigation should be as time-intensive as something like Google fighting Uber on a big stage, for example.

“The fact is like 99% of litigation doesn’t need the kind of two to three years that are synonymous with our court system and traditional arbitration systems, or even a year,” Lee says. “Examples in the employment world is, companies end up settling cases when they didn’t do anything wrong. Employees end up not bringing cases if they’ve actually been wronged. And then for the lender world they end up just charging off a lot of this debt because there’s no point in going and pursuing a case in court, many times spending all that time–the time is almost the worst part, right? The money too. But then by the time you get your court order, especially in the MCA world, a lot of these are unsecured cash advances and so you’re kind of left with no recourse and the cash is gone. And that’s kind of really messed up because that all comes back to like, ‘well, the systems that exist aren’t there for this 99%’ and so that’s what New Era is.”