Abraham J Gafni

September 14, 2007 | New Jersey Law Journal

A party who fails to timely seek arbitration could lose its right to alternative dispute resolution processes.

By Abraham J. Gafni

8 minute read

September 20, 2004 | The Legal Intelligencer

An article appearing in the Philadelphia Inquirer on Sept. 12 described the unusual tactic adopted by a skilled criminal defense attorney of allowing his client (Kenneth Lay of Enron fame) to speak directly to the media about his case. The attorney, Mike Ramsey, it was reported, did not believe that there is any big risk in letting former chief executive officer Kenneth Lay give news conferences and interviews to declare his innocence.

By Abraham J. Gafni

8 minute read

October 12, 2007 | Law.com

A party that fails to timely seek arbitration could lose its right to alternative dispute resolution processes, notes attorney Abraham J. Gafni. He discusses one case where the 3rd Circuit found that an employer defendant had clearly waived its contractual right to arbitration because it had waited four years while actively participating in the ongoing litigation. Gafni warns that parties to an agreement with an arbitration clause should avoid action -- or inaction -- that could result in a waiver.

By Abraham J. Gafni

8 minute read

September 29, 2008 | The Legal Intelligencer

An able practitioner, in a commentary for the Law Weekly's sibling, The Legal Intelligencer, has recently highlighted a significant issue that presents yet another crucial decision for counsel advising a client about an agreement to arbitrate a dispute.

By Abraham J. Gafni

7 minute read

May 16, 2005 | The Legal Intelligencer

In the early 1960s, law schools offered virtually no courses relating to professional ethics. The usual explanation for this was that while training with regard to ethics was an essential part of legal education, the behavior expected of future members of the profession was transmitted almost subliminally through discussion in the classroom.

By Abraham J. Gafni

8 minute read

March 21, 2005 | The Legal Intelligencer

Attorneys rarely complain that mediation was a waste of time merely because the parties failed to reach a settlement.

By Abraham J. Gafni

8 minute read

September 19, 2005 | The Legal Intelligencer

When clients are counseled to consider alternative dispute resolution processes, whether arbitration or mediation, almost invariably this advice includes the representation that among the benefits will be complete confidentiality. They are told that no one, other than those who actually participated in the process, will ever become aware of what happened. Admissions, concessions and even embarrassing situations will remain known to only a very few, and even they will be subject to restrictions designed to e

By Abraham J. Gafni

8 minute read

August 15, 2011 | The Legal Intelligencer

The relative informality of arbitration proceedings, the general incompleteness of the record, and the absence of a reasoned opinion that would fully reflect the basis and scope of the arbitrator's decision have caused courts to exercise considerable discretion in deciding whether to apply issue preclusion to arbitration awards

By Abraham J. Gafni

9 minute read

July 19, 2004 | The Legal Intelligencer

When people ask me what most attorneys overlook when representing clients in mediation, I invariably respond: failing to prepare a written pre-mediation submission that will convert the mediator into an ally.

By Abraham J. Gafni

7 minute read

September 21, 2009 | The Legal Intelligencer

ADR

By Abraham J. Gafni

8 minute read