Richard P Byrne

May 16, 2024 | Law.com

As any practitioner who has represented a plaintiff in a lawsuit knows, nothing is more frustrating than spending a day at Mediation where the Mediator…

By By Richard P. Byrne, Esq.

4 minute read

January 25, 2024 | Law.com

Construction defect claims often evolve into one of the most complex, expensive, unwieldy and exasperating types of litigation. Numerous parties, extensive…

By by Richard P. Byrne, Esq.

12 minute read

December 07, 2023 | Law.com

During the course of negotiations, it is very common for one or more of the parties to ask a Mediator, "So, what do you think the case is worth?" This…

By By Richard P. Byrne, Esq.

4 minute read

November 08, 2023 | Law.com

One of the challenges a Mediator faces is multi-defendant litigation where the defendants are consumed with the issues among and between each other and…

By By Richard P. Byrne, Esq.

7 minute read

September 15, 2023 | Law.com

Some practitioners look to bypass opening statements in a Mediation session – operating under the belief that they have heard it all before and, therefore,…

By By Richard P. Byrne, Esq.

4 minute read

August 31, 2023 | Law.com

Many practitioners have an ingrained fear of bringing their experts to Mediation. They are concerned that the expert will be subject to challenge and exposed,…

By by Richard P. Byrne, Esq.

4 minute read

August 03, 2023 | Law.com

Oftentimes, parties come to a Mediation session completely focused on "big picture" issues – their leading claims and defenses and the consequent…

By Richard P. Byrne, Esq.

4 minute read

July 12, 2023 | Law.com

The benefits of a successful early mediation are obvious: Disputes can be resolved in a private, expeditious and economical fashion. Flexibility is another…

By Richard P. Byrne, Esq. and Hon. Peter B. Skelos (Ret.)

8 minute read

June 07, 2023 | Law.com

Do conditional demands and offers reflect that a party is prepared to settle at the mid-point of their proposal? Perhaps, but not necessarily, and caution must be employed to avoid reading too much into the "message."

By by Richard P. Byrne, Esq.

5 minute read

November 22, 2019 | New York Law Journal

The key to an effective early mediation is a commitment to the process. Absent that up-front recognition, an early mediation serves as nothing more than a weigh station on the litigation turnpike—easily passed with the employment of phrases such as "it's too early," "we don't have enough information" and the like.

By Richard P. Byrne and Peter B. Skelos

7 minute read