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Stories on large awards, trends in ADR, key legal disputes that spill into the courts, and big names and parties that are involved in ADR.
By David N. Cinotti | May 1, 2024
"A judgment-debtor should reasonably expect to be haled into court to satisfy a judgment where it has assets," writes David N. Cinotti of Pashman Stein Walder Hayden.
10 minute read
By Barry Howard | April 29, 2024
All types of construction cases are often well-suited to mediation. If you do plan to mediate, prepare your client for what will happen at the mediation and make sure that your client has a realistic evaluation of the case and what his or her exposure is, beforehand.
8 minute read
By Patrick R. Kingsley | April 26, 2024
Clients have inserted arbitration provisions to avoid the expensive trappings of litigation, but their counsel sometimes tries to remake arbitration in the familiar image of litigation. Fortunately, there is a tool to keep this trend in check: the chess clock. (Pun intended)
7 minute read
By Larry P. Schiffer | April 25, 2024
Much like judges, mediation purists believe that a good mediator can manage any dispute because mediation skills, like judicial skills, apply across every type of dispute in every type of industry.
9 minute read
By Noah J. Hanft and Lorraine D. Mandel | April 24, 2024
Arbitration has evolved significantly in the last decade. What general counsel once viewed skeptically has now become the norm and an effective method to resolve disputes. Noah Hanft, arbitrator and mediator with FedArb, along with co-author Lorraine Mandel, also an arbitrator and former general counsel, will walk readers through the many historic concerns of arbitration and update for its current approach.
8 minute read
By Cheryl Miller | April 23, 2024
SB 940 by Orange County Democrat Sen. Tom Umberg would place new restrictions on neutrals handling consumer claims
4 minute read
By Alexander Lugo | April 23, 2024
After topping New York in cases in 2021, the numbers have dipped slightly over the past two years. But law firms in the region are committed to the practice.
6 minute read
By Craig R. Tractenberg | April 22, 2024
In the case of Waldron v. SVHB Marketing, franchisees' RICO case was dismissed on summary judgment for failure to exhaust the mediation prerequisite to filing a lawsuit against the franchisor and its personnel.
6 minute read
By Tanya Tate | April 15, 2024
Fissures in the EFAA and FAA have turned matters upside down.
6 minute read
By Edward M. Spiro and Christopher B. Harwood | April 15, 2024
In 'In re Grand Jury Subpoena Dated February 22, 2024, 2024', Judge Jesse Furman of the Southern District of New York confronted whether the Second Circuit's 'Martindell' test extends to protective orders issued by an arbitrator rather than by a district judge.
9 minute read
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