New Jersey Law Journal | Commentary
By Law Journal Editorial Board | January 8, 2023
Obviously, court trials will never be replaced. But we are confident that, in many instances, the pressures and problems associated with them can be obviated or at least minimized by mediation.
New Jersey Law Journal | Commentary
By Law Journal Editorial Board | January 8, 2023
'Jiangsu Beier Decoration Materials Co.' provides key lessons in the complexity of international arbitration.
The Legal Intelligencer | Commentary
By Matthew Green | January 5, 2023
With little ability to overturn an arbitrator's award, it is critical that you select an arbitrator right for your case and client.
The Legal Intelligencer | Commentary
By Thomas Gulick and Lauren Anthony | January 4, 2023
ADR can be more efficient in terms of saving time versus taking a case to trial. Intellectual property cases are no exception, and ADR processes—which may also allow for emergency or temporary relief—can provide relief from extensive court backlogs.
The Legal Intelligencer | Commentary
By Lindsay A. Nemit | January 4, 2023
When a marriage is broken and the couple truly can't move forward together, the collaborative law process is an alternative to litigation that allows the parties to focus on values, interests, and priorities they still share.
The Legal Intelligencer | Commentary
By June J. Essis and Katherine Tenzinger | January 3, 2023
With the right preparation and planning, mediation can prove to be a powerful tool for resolving high exposure cases. In this article, we review considerations that should be addressed to set your high exposure case up for settling success.
The Legal Intelligencer | Commentary
By Charles F. Forer | January 3, 2023
Any cursory legal research would have uncovered the Pennsylvania Superior Court's recent opinion in Chilutti v. Uber Technologies, No. 1023 EDA 2021, 2022 PA Super 172 (Pa. Super. Oct. 12, 2022). There, a ride-sharing customer purportedly entered into a mandatory binding arbitration agreement via a set of hyperlinked "terms and conditions" that—like Bob—he never had clicked on, viewed, or read.
The Legal Intelligencer | Commentary
By Francine Friedman Griesing | January 3, 2023
In any mediation, the parties are looking to counsel and the mediator to set the tone. Better preparation, careful listening and focusing on the stakeholders, can make the process less painful and the result more palatable for our clients.
Daily Business Review | Commentary
By Aaron Cohn | December 28, 2022
The Wall Street Journal recently ran an article on the high arbitration costs associated with recovering losses from investment advisers. The crux of Jason Zweig's article was captured in its subheading—"Battling with a financial adviser who has wronged you is wildly expensive—and the fight will almost certainly happen in secret. That needs to change."
New York Law Journal | Analysis
By Richard L. Mattiaccio and David C. Singer | December 20, 2022
As a matter of practice, arbitrators rarely impose sanctions, although sometimes the need arises. This article discusses the tools arbitrators can use to respond to sanctionable behavior in arbitration.
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