John M Delehanty

April 04, 2024 | New York Law Journal

The purpose of this article is to set out guidelines for counsel and their clients to prepare an informative and productive mediation statement.

By John M. Delehanty

5 minute read

August 07, 2023 | New York Law Journal

The joint session is the only phase of the mediation in which the parties meet face to face and present their respective positions. In fact, this event may be the only time prior to trial when the parties have an opportunity to meet and address each other in person, rather than being walled off from each other through the thicket of litigation filings.

By John M. Delehanty

6 minute read

April 17, 2023 | New York Law Journal

Confidentiality is the bedrock of mediation. Parties must be able to feel confident that what they say in mediation will not be disclosed outside of the proceeding. That said, many parties and their counsel use statements made during mediation to gain advantage in litigation. This article discusses the several reasons for this and why the issues must be addressed by mediation institutions, the courts and the mediation bar.

By John M. Delehanty

5 minute read

November 18, 2022 | New York Law Journal

A passive approach to mediation in the hard-bitten world of New York litigation will simply lead to organized chaos. In this article, John M. Delehanty outlines the active steps that a mediator should take to assure a successful resolution of a commercial dispute.

By John M. Delehanty

6 minute read

March 18, 2022 | New York Law Journal

If the term sheet contains all of the material terms of the parties' agreement and is expressly made enforceable in the absence of a more formal agreement, it should be sufficient to withstand collateral attack and end litigation over the underlying dispute.

By John M. Delehanty

6 minute read

November 20, 2020 | New York Law Journal

While many attorneys have successfully utilized mediation or some sort of ADR program, it stands to reason that many others still have not. This article provides advice to mediation counsel on how to prepare an effective mediation statement, how to adapt their advocacy from litigation mode to mediation/settlement mode, how to use joint sessions to advance settlement objectives, how to work with clients and the mediator in caucus to arrive at creative settlement options and how to prepare an enforceable term sheet at the conclusion of the mediation.

By John M. Delehanty

7 minute read