By Kimberly Kalmanson and Randi M. Cohen | November 23, 2018
ADR is an excellent avenue to elect when both parties truly elect it. Arbitrators handling matters as a function of unequal bargaining power ought to be vigilant in policing employers who may not take the matter as seriously as they would had the case proceeded in traditional litigation.
By Claudia Salomon and Abhinaya Swaminathan | November 23, 2018
Three key considerations and strategic guidance for practitioners seeking third-party discovery in New York.
New York Law Journal | Analysis
By Larry S. Schachner | November 23, 2018
Young advocates would be remiss in not familiarizing themselves with the ever-expanding world of ADR.
By Chris M. Kwok | November 23, 2018
Neutrals with diverse backgrounds can help administer justice in today's increasingly diverse society, as they are a reflection of the people they serve. Of course, mere diversity is not enough; the meaningful inclusion of those diverse candidates in the industry is the next chapter of the ADR story.
By Raychel Lean | November 20, 2018
Summary jury trials are so controversial, one South Florida juror has stepped in to question a judge's authority to mandate them, claiming jurors were misled into thinking a nonbinding trial was real. But not everyone is quick to dismiss them.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | November 19, 2018
Parties generally give careful attention to the substantive provisions of an agreement. Dispute resolution provisions, however, are often included at the end of the negotiation as an afterthought.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | November 19, 2018
The Appellate Division has introduced a new element for an arbitration contract that will require parties to rewrite their pre-dispute arbitration clauses—for no reason. Our Supreme Court should review the matter and reverse before further mischief upsets the federal and state statutory scheme in place for decades.
By New Jersey State Bar Association | November 19, 2018
State bar foundation offers peer mediation mini-grants for schools
By John Council | November 12, 2018
"The application of the certificate of merit requirement to an arbitration proceeding does not evince a concomitant intent to expand the court's jurisdiction over the proceeding," the court said.
By John Council | November 12, 2018
"The application of the certificate of merit requirement to an arbitration proceeding does not evince a concomitant intent to expand the court's jurisdiction over the proceeding," the court said.
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