Abraham J Gafni

February 28, 2011 | The Legal Intelligencer

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

December 20, 2010 | The Legal Intelligencer

In advising resort to arbitration, counsel generally weigh factors such as informality, speed, cost, confidentiality, fact-finder expertise and venue.

By Abraham J. Gafni

8 minute read

June 19, 2012 | The Legal Intelligencer

In his article in The Legal Charles Forer explained that if a party to an arbitration agreement retains the right to make a retroactive change, the agreement to arbitrate may be considered illusory and no longer binding.

By Abraham J. Gafni

8 minute read

July 20, 2009 | The Legal Intelligencer

There are few feelings as gratifying for both parties and mediators as reaching an agreement following an extended mediation. At that stage, the parties, who are often physically and emotionally drained, look forward to separating without considering what actions should be taken to finalize the agreement and assure that everybody fully understands its terms.

By Abraham J. Gafni

8 minute read

October 18, 2010 | The Legal Intelligencer

Articles have recently appeared in The Legal Intelligencer considering whether and when courts may review and vacate the awards of arbitrators. Usually, they have focused on whether review based upon a manifest disregard of the law by the arbitrator remains a viable ground in light of the decision of the U.S. Supreme Court in Hall Street Associates v. Mattel, Inc., which appeared to limit the grounds for review and vacatur to those set forth in the Federal Arbitration Act. Other articles have considered what may be considered a conflict of interest on the part of an arbitrator.

By By Abraham J. Gafni

8 minute read

November 15, 2004 | The Legal Intelligencer

That mediation was a total waste of time, say the attorneys and clients as they leave the mediator's office. Four hours of talking and nothing to show for it. Such comments often reflect the feeling of parties who entered into mediation in good faith hoping to finally settle their dispute with their opponent.

By Abraham J. Gafni

8 minute read

August 20, 2012 | The Legal Intelligencer

Discussion concerning whether to provide for mandatory mediation in commercial contracts generally results in a debate about its usefulness.

By Abraham J. Gafni

8 minute read

December 18, 2006 | Law.com

Over the past six months I have addressed Issues that Should Be Considered by Parties Before Agreeing to Arbitrate. (See The Legal of June 19, Aug. 21 and Oct. 16.) In these articles, I have focused on decisions parties should make pre-arbitration so that neither they nor the arbitrator are in doubt about the arbitrator's obligations and authority.

By Abraham J. Gafni

8 minute read

November 23, 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

August 16, 2010 | The Legal Intelligencer

Your client, an employee at a large company, has called to advise that she has been discharged from her employment.

By Abraham J. Gafni

9 minute read