December 20, 2023 | Law.com
Addressing Legal Issues and the Timing in Seeking an EvaluationMany cases that come to mediation involve novel questions of law. Invariably, there will be a dispute as to the proper law applicable to the case and the…
By By Hon. John P. DiBlasi, J.S.C. (Ret.)
4 minute read
November 01, 2023 | Law.com
Time Is On Your Side in the Mediation ProcessThe longer a mediation lasts the greater the likelihood that it will be successful. This conclusion is anecdotal, but based upon long experience. A mediation…
By By Hon. John P. DiBlasi, J.S.C. (Ret.)
10 minute read
October 17, 2023 | Law.com
The Importance of the Preliminary Conference in Commercial ArbitrationExpediency and economy are the great benefits of the arbitral process. One of its most important components is the initial or preliminary conference with…
By By Hon, John P. DiBlasi (Ret.)
6 minute read
August 16, 2023 | Law.com
10 Mistakes to Avoid at Mediation – Improving the Odds for a ResolutionUnder the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under…
By by Hon. John P. DiBlasi, J.S.C. (Ret.)
5 minute read
July 07, 2023 | Law.com
Preparing Your Witness and Yourself for a Trial or ArbitrationDuring my fifteen years as a Judge, I have heard the testimony of hundreds of witnesses in all types of proceedings. As a trial attorney in private practice,…
By Hon. John P. DiBlasi, J.S.C. (Ret.)
6 minute read
May 26, 2023 | Law.com
Before the Real Negotiations Begin: Use Good Faith Disclosure and Proactivity to Prevent Mediation SabotageThe joint session of the mediation, where disputing parties speak directly to one another, is often considered the best opportunity for the parties to…
By Hon. John P. DiBlasi, J.S.C. (Ret.)
9 minute read
November 19, 2021 | New York Law Journal
The Importance of the Preliminary Conference in Commercial Arbitration: Proactively Ensuring the Experience of the ProceedingAdvance communication between counsel and an initiative-taking arbitrator are essential for achieving the goal of a fair, efficient, and economical resolution of the dispute.
By John P. DiBlasi
5 minute read
August 02, 2019 | New York Law Journal
Before the Real Negotiations Begin: Use Good Faith Disclosure and Proactivity to Prevent Mediation SabotageA successful mediation is predicated on trust. Transparency and professional courtesy go a long way in advancing negotiations.
By John P. DiBlasi
9 minute read
August 03, 2018 | New York Law Journal
Good Faith Negotiations at MediationMany good faith negotiations can be sabotaged by parties using a variety of bad faith negotiation tactics, many of which are repeated all too often and can ultimately prevent a settlement. What are those tactics and what can be done to ameliorate the situation?
By John P. DiBlasi
2 minute read
March 16, 2018 | New York Law Journal
Navigating the Mediation Experience: No Compromise—No ResolutionMaking the best use of your mediator's abilities and time at every stage of the proceeding is extremely important in attempting to reach resolution.
By John P. DiBlasi
9 minute read
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