Abraham J Gafni

November 18, 2014 | The Legal Intelligencer

When an agreement provides for arbitration, what language waiving access to the courts will be enforceable, particularly when one of the parties may be unsophisticated?

By Abraham J. Gafni

7 minute read

September 16, 2014 | The Legal Intelligencer

Unlike judges, arbitrators are generally selected either by the disputants themselves or through a party-approved process. In such circumstances, it might be imagined that both partiality and correctness of decision would be subject to close judicial scrutiny. In fact, reviewing courts will rarely vacate arbitrators' awards on these bases.

By Abraham J. Gafni

7 minute read

July 15, 2014 | The Legal Intelligencer

A desire for the speedy resolution of a dispute often impels parties to opt for arbitration instead of court trial. This expectation is based upon the likelihood of an earlier hearing date, proceedings involving less restrictive rules of evidence and procedure, and finality of an award that is typically non-appealable.

By Abraham J. Gafni

7 minute read

May 20, 2014 | The Legal Intelligencer

Discovery disputes are among the most common problems presented to courts. These, however, would not appear to be of particular concern when voluntary mediation is involved. Generally, parties who have agreed to mediate also recognize that success is based in great part upon an exchange of information that will allow for a proper assessment of the case. Moreover, when a question arises as to what disclosures are appropriate, the mediator will often assist the parties in resolving this issue.

By Abraham J. Gafni

6 minute read

March 18, 2014 | The Legal Intelligencer

Readers of this series on ADR in The Legal over past years have undoubtedly been struck by the strong presumption in favor of the arbitrability of disputes under both the Federal Arbitration Act (FAA) and the decisions of state courts.

By Abraham J. Gafni

7 minute read

January 21, 2014 | The Legal Intelligencer

The different roles of arbitrators and mediators are well recognized in dispute resolution.

By Abraham J. Gafni

7 minute read

December 17, 2013 | The Legal Intelligencer

Decisions of the U.S. Supreme Court in recent years have discouraged many parties from seeking to invalidate arbitration agreements on the ground that they are unconscionable under state law.

By Abraham J. Gafni

7 minute read

August 20, 2013 | The Legal Intelligencer

Increasingly, attention has been drawn by courts and commentators to arbitrators' authority and the scope of awards they may issue.

By Abraham J. Gafni

8 minute read

June 18, 2013 | The Legal Intelligencer

Parties often agree to arbitration assuming that the process is the functional equivalent of a nonjury court trial and differs from it only in that it allows them to select their judge, time and place of hearing.

By Abraham J. Gafni

7 minute read

April 16, 2013 | The Legal Intelligencer

To what extent may mediation impact an award of attorney fees as part of the costs in litigation?

By Abraham J. Gafni

7 minute read