Daily Report Online | Commentary
By Gail S. Tusan | August 5, 2019
Managing expectations is important to the success of mediation.
By Angela Turturro | August 5, 2019
In this Special Report: "Before the Real Negotiations Begin: Use Good Faith Disclosure and Proactivity to Prevent Mediation Sabotage," "Be Prepared: ‘Presumptive ADR’ Is Coming," "Building a Safe Place for Mediation in Arbitration Proceedings," "How Mediation Differs From a Judicial Settlement Conference" and "Mediation Design: Start With the 'Why.'"
By Suzette Parmley | August 5, 2019
“I’m 81 years old, and I’ve been practicing law forever. ... What people hired me to do is to sit down and convince them to settle a case without going to trial to save both parties money,” Hamlin said of his role as a mediator and arbitrator.
By Claudia Lanzetta | August 2, 2019
In light of the court systems’ ADR initiative and imminent implementation of a new “presumptive ADR” program, practitioners should be aware of the impetus behind the drive and how they can prepare for it.
By Linda Gerstel | August 2, 2019
It is a critical time for the arbitration community to consider a blueprint for increasing the use of mediation so that settlement rates in arbitration can be competitive with litigation.
By John P. DiBlasi | August 2, 2019
A successful mediation is predicated on trust. Transparency and professional courtesy go a long way in advancing negotiations.
By Andrew Nadolna | August 2, 2019
What reasons for mediation would lead parties and/or counsel to design the process a little differently? Here are some.
By Michael Starr | August 2, 2019
Mediation is not merely a more time-consuming form of settlement. It is a different process that, on account of its differences, takes more time.
New York Law Journal | Analysis
By David E. Schwartz and Risa M. Salins | August 1, 2019
In their Labor Relations column, David E. Schwartz and Risa M. Salins discuss three key SCOTUS rulings and the impact each is likely to have on the arbitration of employment-related claims. Employers are advised to review and update their arbitration agreements in light of these recent decisions and also stay abreast of federal and state legislation in this area.
By Jenna Greene | July 31, 2019
Estrada scored a win before the U.S. Court of Appeals for the Third Circuit that opens the door for Canadian gold miner Crystallex to collect a $1.4 billion arbitration award—and could provide a road map for Venezuela's other creditors.
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