New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | August 18, 2020
In their Mediation column, Abby Tolchinsky and Ellie Wertheim explain how mediation is a natural enclave for parties handling all types of conflict, particularly in these fraught times. They show that mediators are uniquely positioned to assist parties in this overwhelming moment of crisis.
The Legal Intelligencer | Commentary
By Abraham J. Gafni | August 18, 2020
Perhaps no arbitration issue has been litigated as frequently in recent years as the scope of an arbitrator's authority. Most often, this has involved "arbitrability," i.e., whether arbitrators may decide if they have the authority to decide the conflict as a whole, or any particular issue that has been brought before them.
New York Law Journal | Expert Opinion
By Amy Carron Day | August 17, 2020
Prenuptial agreements are hard enough for couples; exploring issues with both parties before presenting a first draft of the agreement, or using Mediation or Collaborative attorneys can help make the process easier, and create happier and more committed clients.
By Alaina Lancaster | August 12, 2020
JAMS announces plans to push the ADR industry toward equality after suspending a neutral over a racist email.
By Alaina Lancaster | August 11, 2020
The comments came in an internal memo sent to staff Tuesday responding to a racist email forwarded by a neutral.
By Angela Turturro | August 10, 2020
In this Special Report: "Resolving Trust and Estate Disputes Utilizing Virtual ADR," "Don't Arbitrate Contract Disputes," "The Rise and Rise of Statutory Adjudication: Is the U.S. Ready?," "How to Respond to Respondents' Non-Participation in International Arbitration" and "Arbitration After the Dispute Arises: Drafting Submission Agreements."
By Marcie Dickson | August 10, 2020
It's time to put down the press release and get to work to spur transformational change in the industry once and for all.
New York Law Journal | Expert Opinion
By Claudia T. Salomon and Florian Loibl | August 7, 2020
In times of increasing risks of insolvency, as well as trade and travel restrictions, this article identifies issues tribunals and claimants need to consider when facing a non-participating respondent in international arbitration.
New York Law Journal | Expert Opinion
By John J. Zefutie, Jr. and Ugo Colella | August 7, 2020
Why spend money on crafting a lengthy arbitration clause and then pay an arbitrator to figure out what it means when you can get free, expedited consideration from judges that specialize in adjudicating these very disputes?
New York Law Journal | Expert Opinion
By Peter B. Skelos | August 7, 2020
Historically, ADR in the contested estate arena has been woefully under-utilized. This article looks at the benefits of submitting trust and estate disputes to mediation, and shows how videoconference mediations and arbitrations have become a viable alternative to court-adjudications.
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