January 25, 2002 | The Legal Intelligencer
Planning for Expedited Arbitration ProceedingsSpecial to the Legal
By Charles F. Forer
4 minute read
August 18, 2008 | The Legal Intelligencer
Keeping Arbitration Opinions Confidential Can Save Future CasesAnne brought a personal injury lawsuit against the snowboarding/sledding facility where she had rented a sled and broken her leg in a collision.
By Charles F. Forer
4 minute read
October 05, 2012 | New Jersey Law Journal
Sandy Koufax, Mediation and Working With ExpertsAlternative dispute resolution as seen through the lens of a baseball analogy.
By Charles F. Forer
6 minute read
May 16, 2013 | New Jersey Law Journal
Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation?A court can require a party to appear at a mediation session, but the court cannot force a party to settle or even to make a settlement offer. And courts have not developed any clear standards for evaluating good faith in court-ordered mediation. However, do not conclude that the court will let a party get away with virtually anything in court-ordered mediation. Here are 10 "rules" that, when broken, have led to sanctions.
By Charles F. Forer
8 minute read
March 20, 2006 | Law.com
Can Parties Expand the Scope of Review in an Arbitration Appeal?Bob's client, a well-known insurance company, never thought it should provide coverage in the first place to an insured in a catastrophic personal injury case. Playing it safe, however, the insurer defended the case, and paid out several million dollars to the injured plaintiff in a settlement. But that was not the end of the story. Bob represented the insurer in its suit against the insured, seeking reimbursement for the multi-million dollar settlement amount and the considerable defense costs it incurred
By Charles F. Forer
6 minute read
November 20, 2012 | The Legal Intelligencer
Getting Away With Fraud During the Mediation ProcessBob's client, Allan, was a whiner. Always complaining about his lawsuit. Forever knocking Bob about his inability to end it quickly. Upset that Bob did not apply scorched-earth tactics.
By Charles F. Forer
8 minute read
September 19, 2011 | The Legal Intelligencer
Arbitration Administrator Rules Provisions - Watch Out!Bob is no dummy. Yes, he has made some mistakes in drafting arbitration clauses, but he always keeps his eye on the prize and understands the importance of drafting airtight arbitration provisions.
By Charles F. Forer
6 minute read
January 07, 2013 | The Legal Intelligencer
Arbitrator Unavailability During Arbitration ProceedingsBob knows arbitration does not always save time compared to litigation and that it does not always cost less than litigation. Plus, it may not always be confidential, which is one of its supposed attractions.
By Charles F. Forer
6 minute read
May 22, 2012 | The Legal Intelligencer
Having Your Cake and Eating It, Too: Illusory Arbitration AgreementsTo say the least, Bob has run into problems when he represented clients in arbitrations. Not that he ever did anything wrong. Bob attributed the problems to the "system." More precisely, the "arbitration system."
By Charles F. Forer
8 minute read
November 21, 2011 | The Legal Intelligencer
The Risks of Insisting on a 'Reasoned' Award in ArbitrationAlthough Bob has messed up in all kinds of ways in ADR, he remains a steadfast supporter of ADR. It provides a quick, efficient and informal means of private dispute resolution.
By Charles F. Forer
5 minute read