Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
By Erin E. Gleason Alvarez | November 18, 2022
The adversarial system of litigation is not one that engenders trust among counterparties. So, it makes sense for people to expect the worst of one another when they arrive at the negotiation table. But this can become an issue in mediation when it clouds the decision-making processes of counsel and client alike.
By David Berkey | November 18, 2022
People do not always solve their disputes without the aid of others. In this article, David Berkey discusses the pros and cons of using litigation or an alternative method of dispute resolution (ADR) such as mediation or arbitration to bring closure to a dispute.
By John M. Delehanty | November 18, 2022
A passive approach to mediation in the hard-bitten world of New York litigation will simply lead to organized chaos. In this article, John M. Delehanty outlines the active steps that a mediator should take to assure a successful resolution of a commercial dispute.
By Adolfo Pesquera | November 8, 2022
As of today, this equates to a valuation for FanDuel of $22 billion and a cost of $4.1 billion for FOX, twice what the company asserted it should have to pay.
New York Law Journal | Analysis
By John Fellas | November 8, 2022
In his International Arbitration article, John Fellas argues that "the notion that an arbitration agreement should be treated just like every other contract—the equal footing principle—is an inadequate ideal for arbitration. Some 'arbitration-preferring procedural rules,' as Justice Kagan calls them, are essential to the efficacy of arbitration precisely because 'arbitration contracts' are not 'like all others.'"
Delaware Business Court Insider | News
By Ellen Bardash | October 31, 2022
Agreements signed before the company was acquired by a SPAC can't force the dispute over former executives' participation in an IPO into arbitration, Vice Chancellor Morgan Zurn said.
New York Law Journal | Analysis
By J.P. Duffy | October 28, 2022
This article examines the role that confidentiality plays in international commercial arbitration, the numerous advantages it offers, and how to effectively impose it.
New York Law Journal | Analysis
By Andrea M. Alonso and Kevin G. Faley | October 26, 2022
This article provides a discussion of special arbitration agreements which are "not well known and sorely underutilized by insurance carriers." The authors highlight the benefits of special arbitration: "Settling underlying claims and resolving disputed liability or coverage disputes through the special arbitration forums is enormously beneficial to member companies. It reduces litigation costs, including attorney fees, through faster closings."
New York Law Journal | Analysis
By Russell Yankwitt and Dina Hamerman | October 24, 2022
This article provides an examination of why corporate clients settle early and a discussion of the important benefits of not settling. The article concludes with a look at the "hybrid approach" of binding arbitration for large-value cases, which can combine "the reputational benefit of fighting with the cost certainty and confidentiality of settling."
New York Law Journal | Analysis
By Myrna Barakat Friedman | October 21, 2022
This article highlights strategies that a mediator may want to consider adopting when mediating disputes between parties from different cultural backgrounds.
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