May 28, 2024 | New York Law Journal
Dispute Prevention: An Overlooked Risk Management ToolIn this article, Myrna Barakat Friedman identifies various forms of potential conflicts and a roadmap that executives, risk managers and counsel can consider to mitigate the risk of disagreements becoming expensive and burdensome disputes with financial, reputational and legal ramifications.
By Myrna Barakat Friedman
9 minute read
March 06, 2024 | New York Law Journal
Arbitration: The Solution to the Cannabis Industry Regulatory MorassMyrna Barakat Friedman highlights the benefits of arbitration for resolving disputes in the cannabis industry in light of the federal prohibition.
By Myrna Barakat Friedman
8 minute read
October 25, 2023 | New York Law Journal
Dispute Resolution Through the Lens of the Tech and Finance SectorsA discussion of the developments in arbitration procedural rules as they relate to four issues that seem to be the key bases of such reluctance: the "optionality" of confidentiality, speed and expedited procedures, early dismissal opportunities and appealability of an arbitral award.
By Myrna Barakat Friedman
8 minute read
April 18, 2023 | New York Law Journal
Arbitrating Crypto, NFTs and Other New Technologies: Demystifying the LandscapeA discussion of the appeal of arbitration for technology related matter and the potential challenges it presents for arbitrators, and a look at the legal and regulatory landscape arbitrators will navigate when faced with cases involving new technologies.
By Myrna Barakat Friedman
8 minute read
January 19, 2023 | New York Law Journal
The Business Case for Dispute Prevention ProcessesThe benefits of dispute prevention—triggered much earlier than traditional dispute resolution processes—should be deployed by businesses in broader commercial contexts to mitigate the risk that early disagreements grow into impediments to project completion, litigation and costly damages.
By Faith S. Hochberg and Myrna Barakat Friedman
9 minute read
December 08, 2022 | New York Law Journal
Navigating Complex Commercial Disputes in Mediations: Ill-Equipped PartiesIn this article, commercial mediator Myrna Barakat Friedman enlists several of her colleagues to discuss 'party-related' challenges they encounter as mediators and helpful insights on how to address them.
By Myrna Barakat Friedman
9 minute read
October 21, 2022 | New York Law Journal
Navigating Complex Commercial Disputes in Mediations: International and Intercultural DisputesThis article highlights strategies that a mediator may want to consider adopting when mediating disputes between parties from different cultural backgrounds.
By Myrna Barakat Friedman
8 minute read
September 16, 2022 | New York Law Journal
Navigating Commercial Disputes in Mediations in an Unprecedented Global Economic and Political LandscapeWhether it's a worldwide wheat shortage or a spike in energy prices, the current political framework is having broad and significant repercussions on supply chains, transport and financials generally. Commercial transactions have suffered directly as economic metrics have changed overnight.
By Myrna Barakat Friedman
9 minute read
August 10, 2022 | New York Law Journal
Navigating Commercial Disputes in Mediations: Family BusinessesThis article outlines some of the particularities of family business disputes and suggests some guidelines that mediators may want to consider when mediating them.
By Myrna Barakat Friedman
7 minute read
May 17, 2022 | New York Law Journal
An ADR Primer for Non-ADR ProfessionalsIn this article, the author describes traditional ADR mechanisms, namely arbitration and mediation, and the attributes of an effective arbitrator and mediator. She then covers Med-Arb, a lesser-known mechanism, and discusses dispute avoidance measures, which are gradually gaining traction.
By Myrna Barakat
11 minute read