Mediation Insights From the Front Lines
Regardless of whether you use these skills in conducting a mediation or as an attorney directing aspects of various communications, Abby Tolchinsky and Ellie Wertheim leave you, in their valedictory Mediation column, with insights from the front lines.
December 07, 2021 at 12:00 PM
8 minute read
This is our final mediation column for the New York Law Journal. When we first pitched an editor the idea for this regular feature back in the spring of 2007, the concept was new, and we were met with a measure of skepticism. "Just don't write about international arbitration," she said. We assured her we knew nothing of that subject area. For so many years, mediation and arbitration had blended in the public's perception of alternative dispute resolution. As wellness culture has blossomed, we have encountered countless others who confused mediation with meditation. And now, here we find ourselves, nearly 15 years into this column, and there has indeed been a sea change (one we've watched, welcomed and participated in): presumptive ADR in nearly every court in New York state.
Reflecting back over columns, we have discussed key skills that practitioners employ in this process, as well as a variety of applications in legal practice and theory. As Adjunct Professors of Mediation Theory and Skills, at the University of Pennsylvania Law School, we have counseled our students that they are unlikely to become full time mediators. Rather, we have demonstrated for them the breadth of applications of these skills across legal practice. And now, it seems, many attorneys throughout New York state are indeed finding themselves in the mediation room, and even in the mediator's chair. Regardless of whether you use these skills in conducting a mediation or as an attorney directing aspects of various communications, we leave you in our valedictory column with insights from the front lines:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllArtificial Wisdom or Automated Folly? Practical Considerations for Arbitration Practitioners to Address the AI Conundrum
9 minute readBig Law Sidelined as Asian IPOs in New York Are Dominated by Small Cap Listings
The Benefits of E-Filing for Affordable, Effortless and Equal Access to Justice
7 minute readA Primer on Using Third-Party Depositions To Prove Your Case at Trial
13 minute readTrending Stories
- 1In Novel Oil and Gas Feud, 5th Circuit Gives Choice of Arbitration Venue
- 2Jury Seated in Glynn County Trial of Ex-Prosecutor Accused of Shielding Ahmaud Arbery's Killers
- 3Ex-Archegos CFO Gets 8-Year Prison Sentence for Fraud Scheme
- 4Judges Split Over Whether Indigent Prisoners Bringing Suit Must Each Pay Filing Fee
- 5Law Firms Report Wide Growth, Successful Billing Rate Increases and Less Merger Interest
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250