Alternative Dispute Resolution

  • New York Law Journal | Analysis

    Competence-Competence: A Comparative Analysis

    By Lawrence W. Newman and David Zaslowsky | March 20, 2019

    The competence-competence principle—that is, whether arbitrators are competent to decide if a dispute is arbitrable—is an important gateway issue in arbitration. This article looks at how that issue has developed under US law and compares it to how it is handled in foreign courts.

  • New York Law Journal | Analysis

    Alternative Dispute Resolution

    By Angela Turturro | March 18, 2019

    In this Special Report: "The Benefits of Real-Time Dispute Resolution," "Avoiding the 'Litigization' of Arbitration," "Recent Rulings Reaffirm Courts' High Degree of Deference to Arbitration Process," "A Closer Look: Mediation in Surrogate's Court," "Creative Mediation: Alleviating Commercial Division Congestion" and "Co-Mediating—Giving It a Chance."

  • New York Law Journal

    A Closer Look: Mediation in Surrogate's Court

    By Leslie Wilsher, Hope Winthrop and JoAn Pangilinan-Taylor | March 15, 2019

    Families are complex systems. Mediation allows the parties to address emotional and inter-relational matters that cannot be addressed in the courtroom, but that might otherwise impede the settlement process. Providing a forum in which parties can feel heard, instead of having “to prove,” may allow them to move past these obstacles, leading to a more expedient and efficient resolution.

  • New York Law Journal

    Avoiding the 'Litigization' of Arbitration

    By Mitchell Banas | March 15, 2019

    Nothing can guarantee that your arbitration won't be "litigized" if that's what both sides really want and the arbitrator(s) allow(s). By following these steps, however, you can at least help make sure that it doesn't happen unwittingly.

  • New York Law Journal

    Recent Rulings Reaffirm Courts' High Degree of Deference to Arbitration Process

    By Gregg Weiner, Christian Reigstad and Dielai Yang | March 15, 2019

    The Supreme Court's decision in 'Henry Schein', and the First Department's decisions in 'Daesang' and 'Spell', reaffirm that those courts will strictly enforce arbitration agreements on the front-end of the arbitration process, and afford a high degree of deference to the arbitrator's award at the back-end of the process.

  • New York Law Journal

    The Benefits of Real-Time Dispute Resolution

    By Kenneth M. Roberts | March 15, 2019

    This article examines two options using Real-Time Dispute Resolution to avoid litigation on construction projects: Dispute Review Boards and the use of mediation during the course of a project to resolve issues. Both tools allow the parties to stay focused on the project and avoid getting caught up in commercial issues.

  • New York Law Journal

    Creative Mediation: Alleviating Commercial Division Congestion

    By Melvin L. Schweitzer | March 15, 2019

    ADR has joined the Commercial Division with its own surge in popularity. It has enjoyed enormous growth in recent years as parties come to recognize its own benefits in addressing certain disputes. There is no reason why these two disciplines—litigation and mediation—cannot work in tandem to address the needs of our business community.

  • New York Law Journal

    Co-Mediating—Giving It a Chance

    By Nancy Kramer | March 15, 2019

    Co-mediation can be a useful process in numerous situations and should be a part of a mediator's tool kit.

  • New York Law Journal | Analysis

    Recent Supreme Court and D.C. Circuit Decisions Concerning Arbitration

    By Samuel Estreicher and Holly H. Weiss | March 15, 2019

    In their Arbitration column, Samuel Estreicher and Holly H. Weiss discuss 'New Prime v. Oliveira', in which the Supreme Court ruled on an exception to arbitrability under §1 of the Federal Arbitration Act (FAA), 9 U.S.C. §1, and 'Diag Human v. Czech Republic', in which the U.S. Court of Appeals for the D.C. Circuit ruled on the binding nature of foreign arbitral awards.

  • Connecticut Law Tribune | Commentary

    Revisiting the Uniform Mediation Act in Connecticut

    By Harry N. Mazadoorian | March 14, 2019

    A new opportunity to further strengthen alternative dispute resolution law presents itself in the form of the Uniform Mediation Act.

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