fully

Demands/Offers

• The court may have rendered a decision on a dispositive motion;

• A decision on the admissibility of expert testimony after a Frye-Daubert hearing; or granted a spoliation or preclusion motion;

• There may be newly discovered evidence or witnesses;

• A claim or defense that was not previously considered comes to fore;

• There are new factors that affect how damages are calculated;

• All reasons that form a good faith basis to alter a demand/offer

Settlement Terms

• A substantial liquidated damages clause;

• Payment to be made over a protracted period of time;

• The settlement being conditioned on a resolution which encompasses other potential claims;

• A condition of payment of attorney's fees to a third party;

• A requirement that a percentage of a settlement in a catastrophic injury case be placed in a structure;

• An overly broad confidentiality/non-disparagement clause;

• A hold harmless/indemnification agreement

Disclosure of Insurance Coverage/Disclaimer/Consent

Conduct of Counsel During the Mediation Process

are John P. DiBlasi is a retired Justice of the Supreme Court, New York, Commercial and Civil Divisions and a member of NAM's (National Arbitration and Mediation) Hearing Officer Panel .