Daily Report Online | Commentary
By Tanya Tate | December 14, 2023
The way I see it, mediation and arbitration share a symbiotic relationship of sorts. There are tasks and functions that you perform as an arbitrator that, in my opinion, make you a better mediator and vice versa.
New York Law Journal | Analysis
By Paul J. Baisley Jr. | December 13, 2023
In this article, retired Supreme Court, Suffolk County justice Paul J. Baisley Jr. reflects on his time as an arbitrator and discusses his expectations and methods associated with the job.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | December 12, 2023
International arbitrations often involve large amounts of money concerning, on occasion, indications of illegality, including criminal activity. What arbitrators can and should do when they have some awareness of such illegal activity has recently become the subject of commentaries and analyses.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | December 11, 2023
What happens when a company purchases all the assets and liabilities of its predecessor? Does it thereby acquire the right to enforce a mandatory arbitration agreement the predecessor had with its employees?
Daily Report Online | Commentary|Expert Opinion
By Kelly K. James | December 11, 2023
A new approach—offering employees resolution sessions with an outside neutral, or facilitator—gives employees an effective technique for addressing conflict.
By Alex Anteau | December 8, 2023
The trial court rejected a motion to compel arbitration but sent the matter straight up the appellate ladder. The judge said it was uncertain whether the firm was registered to practice in Georgia.
Daily Report Online | Commentary|Expert Opinion
By Michael J. Eshman | December 8, 2023
Here is my list of Seven Dirty Words at Mediation and why I believe that we should carefully consider whether and when to use these words.
By Colleen Murphy | December 7, 2023
"MicroBilt's arbitration provision, including the AAA rules that it incorporates, does not condition [the plaintiff's] return to court on the AAA's decision being correct, or even reasonable. That is the deal the parties struck," the court ruled.
Daily Report Online | Commentary|Expert Opinion
By Christopher "Smitty" Smith | December 7, 2023
As a mediator, I certainly draw on my experience as a football and lacrosse coach, and I have found there are many parallels between a successful team and a successful mediation. Here are some of the coaching skills that I have found effective in the mediation context.
By Alex Anteau | December 6, 2023
Appellee counsel argued the appellants purposefully complicated things by going into the arbitration while one of them had a pending bankruptcy.
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