The Legal Intelligencer | Commentary
By Michael K. Feeney | April 17, 2023
The new rule, even though not yet fully implemented, has already shown success in bringing reluctant parties to the bargaining table. It has been praised by both litigators and neutrals alike.
By John M. Delehanty | April 17, 2023
Confidentiality is the bedrock of mediation. Parties must be able to feel confident that what they say in mediation will not be disclosed outside of the proceeding. That said, many parties and their counsel use statements made during mediation to gain advantage in litigation. This article discusses the several reasons for this and why the issues must be addressed by mediation institutions, the courts and the mediation bar.
By ALM Staff | April 14, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
New York Law Journal | Analysis
By Jessica L. Falk and Elena De Santis | April 13, 2023
Mediation can be a useful tool to attempt to resolve high-stakes matters without incurring hefty legal fees, and without the publicity and attention that can come from litigating in open court.
New Jersey Law Journal | Commentary
By Charles Dennen and Christopher Terlingo | April 10, 2023
Although prior unpublished decisions have reached similar conclusions, the County of Passaic case resulted in the first published Appellate Division decision containing a rule pronouncement regarding the enforceability of arbitration provisions in the commercial context.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | April 10, 2023
What happens if following an insured's claim against four insurers, only one of the four insurance policies contains a mandatory arbitration clause? Will the entire claim be resolved through arbitration or in court? Or, perhaps, will the percentage claim against each insurer be resolved through the process set forth in its individual policy?
By Linda Gerstel | April 7, 2023
A set of Southern District of New York cases recently interpreted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amended the FAA to preclude arbitration of a "sexual harassment dispute."
By Alexander Lugo | April 5, 2023
"Every case that gets diverted from the public system, is one less case clogging up the system," said former Circuit Court Judge Alan Fine. "You can think of it as a concierge judicial service."
By Charles Toutant | April 4, 2023
"If you can afford to go to arbitration, it's probably a good alternative. But if you can barely afford your attorney, I don't know how you're affording arbitration," said matrimonial attorney Paris Eliades.
By Charles Toutant | April 3, 2023
The Appellate Division in a published opinion overturned the ruling of a Hudson County judge, who said the arbitration agreement was void because it was not conspicuously presented and never used the terms "arbitration" or "waiver of right to sue."
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