Abraham J Gafni

October 15, 2013 | The Legal Intelligencer

Several articles in this ADR series in The Legal have pointed out that in agreeing to arbitration, counsel must consider whether the hearing is to be conducted pursuant to rules of evidence. Often ignored, however, is the extent to which the arbitrator will be constrained by such rules.

By Abraham J. Gafni

7 minute read

June 18, 2007 | Law.com

Last month in his ADR article in The Legal, Charles Forer discussed how disclosure of mediation documents to a testifying expert resulted in a court decision to remove the expert and require that the disclosing party secure an expert to whom the confidential information had not been disclosed.

By Abraham J. Gafni

8 minute read

October 15, 2012 | The Legal Intelligencer

Many of the ADR articles that have appeared in The Legal over the past few years have highlighted the often-blurred understanding in statutes and court decisions of the concept of confidentiality as it relates to mediation.

By Abraham J. Gafni

8 minute read

April 16, 2012 | The Legal Intelligencer

What happens in arbitrations where the Federal Arbitration Act is not otherwise implicated or controlling, such as a local construction or accident case? Do arbitrators empowered under state law have the authority to order such pretrial discovery from non-parties?

By Abraham J. Gafni

8 minute read

December 19, 2011 | The Legal Intelligencer

When mediation is discussed, someone invariably questions whether an opening statement by the parties at the initial joint session with the mediator is advisable.

By Abraham J. Gafni

8 minute read

December 17, 2012 | The Legal Intelligencer

At virtually every mediation, the mediator or counsel advise the clients that mediation communications are privileged, so that parties may feel comfortable in offering concessions or otherwise making statements, as disclosure cannot be compelled in any subsequent proceeding.

By Abraham J. Gafni

9 minute read

April 18, 2011 | The Legal Intelligencer

Justice Potter Stewart explained res judicata [or claim preclusion] as "a final judgment on the merits of an action [that] precludes the parties or their privies from relitigating issues that were or could have been raised in that action"; and, with respect to collateral estoppel, [or issue preclusion], "once a court has decided an issue of fact or law necessary to the judgment, that decision may preclude relitigation of the issue in a suit on a different cause of action involving a party to the first case."

By Abraham J. Gafni

9 minute read

April 17, 2006 | The Legal Intelligencer

When I last discussed mediation privilege in The Legal Intelligencer (Nov. 21, 2005), I noted some concerns I had with respect to whether the privilege was somewhat illusory, notwithstanding the assurances provided by the Pennsylvania statute titled Confidential Mediation Communications and Documents.

By Abraham J. Gafni

8 minute read

January 31, 2005 | The Legal Intelligencer

For years, experienced attorneys considering any alternative dispute resolution process have recognized the need to think through and craft an agreement that will fully reflect the needs and objectives of the parties.

By Abraham J. Gafni

8 minute read

October 28, 2009 | New Jersey Law Journal

Mediation may not have resulted in a final resolution of the dispute, but the process does allow the parties to consider collateral issues that will facilitate the settlement that will probably occur.

By Abraham J. Gafni

8 minute read