Linda Gerstel

April 07, 2023 | New York Law Journal

A set of Southern District of New York cases recently interpreted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amended the FAA to preclude arbitration of a "sexual harassment dispute."

By Linda Gerstel

9 minute read

May 04, 2022 | New York Law Journal

Identifying the need and promoting the use of facilitation not only when a crisis hits the front pages of our newspapers but also in a pre-dispute setting would be an important first step in launching the field to assist with multi-player and stakeholders' disputes.

By John Feerick and Linda Gerstel

9 minute read

January 08, 2021 | New York Law Journal

Prescriptions for not getting burnt.

By Linda Gerstel

9 minute read

July 03, 2020 | New York Law Journal

Mandatory mediation is now the law in New York modeled on the Super-Storm Sandy prototype . Will it achieve the same success as past mass disaster mandatory mediation programs?

By Linda Gerstel

10 minute read

March 17, 2020 | New York Law Journal

There has never been a better time to experiment both in the courts and in the private sector to expand the use of Online Dispute Resolution (ODR) for ADR.

By Linda Gerstel

12 minute read

February 04, 2020 | New York Law Journal

Sufficiency of arbitrator disclosures in repeat player matters have been given a renewed focus by U.S. courts, international arbitral institutions and trade organizations involved in dispute resolution.

By Linda Gerstel

10 minute read

August 02, 2019 | New York Law Journal

It is a critical time for the arbitration community to consider a blueprint for increasing the use of mediation so that settlement rates in arbitration can be competitive with litigation.

By Linda Gerstel

9 minute read

May 28, 2019 | New York Law Journal

Practitioners share responsibility for ensuring that arbitration maintains its efficiency and legitimacy and that it continues to be viewed as offering access to justice.

By John D. Feerick and Linda Gerstel

9 minute read

February 05, 2019 | Connecticut Law Tribune

2018 will be remembered as the year Jay-Z forced a media spotlight on the lack of diversity in Alternative Dispute Resolution. Jay-Z's complaint drives home the fact that meaningful change on this front depends on clients and their lawyers—the ultimate selectors, the purchasers of arbitration services.

By Linda Gerstel

9 minute read

January 24, 2019 | New York Law Journal

2018 will be remembered as the year Jay-Z forced a media spotlight on the lack of diversity in Alternative Dispute Resolution. Jay-Z's complaint drives home the fact that meaningful change on this front depends on clients and their lawyers—the ultimate selectors, the purchasers of arbitration services.

By Linda Gerstel

9 minute read