New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | December 12, 2017
Mediation columnists Abby Tolchinsky and Ellie Wertheim write: While resolution of harassment claims with monetary settlements and non-disclosure agreements provide some recourse, several questions are left open. Namely: How can a victim's voice and story be heard? How should a perpetrator be held accountable? What is the effect of non-disclosure agreements on the deterrence of future (mis)conduct by the perpetrator?
By Ross Todd | December 11, 2017
Court papers filed Dec. 8 indicate that the Jane Doe plaintiff reached a deal to settle her defamation and invasion of privacy lawsuit with Uber and two former executives accused of improperly obtaining the medical records and police file from the attack.
By Lawrence R. Jones | December 4, 2017
Every divorcing spouse has the freedom to enter an agreement that grants the other spouse greater financial benefits; absent extreme circumstances, a court will not vacate such an agreement.
New York Law Journal | Analysis
By Robert D. Lang and Andrew D. Harms | November 29, 2017
In the experience of authors Robert D. Lang and Andrew D. Harms, the plaintiff's attendance at a mediation can mean the difference between a swift resolution, and none. They explain why, both from the plaintiff's and defendant's perspectives.
New York Law Journal | Analysis
By Larry S. Schachner | November 27, 2017
Larry S. Schachner writes: In most instances, deciding to mediate or litigate is a key moment in the life of a case.
New York Law Journal | Analysis
By Christopher Ryan, Jonathan Greenblatt, Henry Weisburg | November 27, 2017
Christopher Ryan, Jonathan Greenblatt, Henry Weisburg write: Accessing international investment law protection may allow foreign investors to protect themselves against certain adverse government action. Applying at ounce of prevention that the earliest possible stage can give investors a degree of security otherwise not available to them.
By Michael Dolinger | November 27, 2017
Michael H. Dolinger writes: Success in mediation depends not only on the skills of the mediator, but on the approach of counsel and clients.
New York Law Journal | Analysis
By Michael Weber | November 27, 2017
Michael Weber writes: As the U.S. Supreme Court again revisits issues related to employment arbitration agreements in a series of cases involving class and collective action waivers, we revisit the advantages and disadvantages of implementing a workplace arbitration program.
New York Law Journal | Analysis
By Noah J. Hanft | November 27, 2017
Noah J. Hanft writes: Considering the similarly common elements between corporate and broader cultural/humanitarian disputes, and applying some of the ADR strategies discussed herein, could potentially result in a safer, more inclusive and peaceful world for all. It is definitely worth the effort.
New York Law Journal | Analysis
By Javier Rubinstein, Lucila Hemmingsen and Jonathan Levin | November 27, 2017
Javier Rubinstein, Lucila Hemmingsen and Jonathan Levin discuss the new London Court of International Arbitration report, which compares costs of cases administered by the LCIA between Jan. 1, 2013 and Dec. 31, 2016 with an estimate of the costs for those same cases had they been administered by competing institutions that use ad valorem cost calculation methods.
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