Abraham J Gafni

October 06, 2009 | Daily Business Review

Parties engaged in negotiation should be considering what provisions should be included in a final agreement independent of the payout that may lie at the heart of the settlement.

By Abraham J. Gafni

5 minute read

February 28, 2011 | Texas Lawyer

Every year, during January and February, sports pages report ongoing negotiations between professional baseball teams and players. Repeatedly, the public is advised that absent a settlement, the labor agreement between the team owners and the players' union requires that salaries of certain veteran players be determined by "Baseball Arbitration."

By Abraham J. Gafni

8 minute read

November 21, 2005 | The Legal Intelligencer

In September, I submitted an article to The Legal titled Is There Really Confidentiality in Alternative Dispute Resolution? In it, I sought to dispel the common misconception that whatever is disclosed in an arbitration or mediation will be kept confidential - whereas, in fact, no statutory guarantee of confidentiality is assured in either process.

By Abraham J. Gafni

8 minute read

August 21, 2006 | The Legal Intelligencer

In Part I of this series, I indicated that disputants often agree that they will arbitrate their differences and select their arbitrator(s), but fail to provide the framework or guidelines that will make clear to the arbitrators the scope of their authority and the procedures they are to employ in conducting the arbitration and, ultimately, issuing their decisions.

By Abraham J. Gafni

8 minute read

July 28, 2008 | The Legal Intelligencer

In several of his articles dealing with alternative dispute resolution, attorney Charles Forer has addressed the rights of parties to a contract to demand or refuse to submit to arbitration.

By Abraham J. Gafni

7 minute read