Abraham J Gafni

June 21, 2010 | The Legal Intelligencer

Two years have passed since the U.S. Supreme Court's decision in Hall Street Associates v. Mattel Inc. in which the court denied parties the ability through their arbitration agreements to create a judicial right of review in circumstances other than those specifically set forth in the Federal Arbitration Act, or FAA.

By Abraham J. Gafni

8 minute read

September 21, 2009 | The Legal Intelligencer

In my July article, I discussed factors to be considered in concluding the mediation after agreement had been reached. In particular, I emphasized that the details of the understanding should be sufficiently clear to both parties and appropriately memorialized so that it will not be upset by subsequent remorse or disagreement.

By Abraham J. Gafni

8 minute read

April 16, 2007 | The Legal Intelligencer

Articles appearing in this column in recent years have emphasized that a significant benefit of arbitration is that parties are not constrained by the one-size-fits-all procedures imposed by courts; rather, they may fashion a process specifically designed to deal with the special situation and issues to be arbitrated.

By Abraham J. Gafni

8 minute read

November 13, 2009 | The Legal Intelligencer

Parties generally come to the opening joint meeting of a mediation well-prepared to present their positions to their adversaries and the mediator. Thereafter, the parties separate and meet in what is commonly called a caucus.

By Abraham J. Gafni

8 minute read

May 16, 2013 | New Jersey Law Journal

In some cases, parties elect a process in which they agree to the selection of two "non-neutral arbitrators" who together select a "neutral arbitrator." The notion of a non-neutral arbitrator is often deemed offensive, particularly in international arbitrations. An additional complication arises when the arbitration agreement calls for the appointment of non-neutral arbitrators in cases where there are multiple parties. This article explores that situation,

By Abraham J. Gafni

7 minute read

December 19, 2011 | Texas Lawyer

When mediation is discussed, someone invariably questions whether an opening statement by the parties at the initial joint session with the mediator is advisable. The reaction is often mixed, with many attorneys asserting that they eschew opening statements because they believe them to be counterproductive.

By Abraham J. Gafni

8 minute read

October 25, 2011 | The Legal Intelligencer

In August, The Legal Intelligencer reported a federal court opinion in which the defendant law firm in a legal malpractice suit in state court requested the deposition of the chief mediator of the United States Court of Appeals as part of its defense.

By Abraham J. Gafni

12 minute read

February 21, 2012 | The Legal Intelligencer

Increasingly, parties are looking to arbitration for the resolution of their disputes.

By Abraham J. Gafni

8 minute read

May 18, 2009 | The Legal Intelligencer

There is currently much discussion regarding the proposed Arbitration Fairness Act of 2009. This act would provide that no pre-dispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment, consumer or franchise dispute or a dispute arising under any statute intended to protect civil rights.

By Abraham J. Gafni

8 minute read

October 15, 2007 | Law.com

In recent articles, I have discussed issues that should be considered by parties contemplating the resolution of their disputes through arbitration.

By Abraham J. Gafni

8 minute read