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.
New York Law Journal | Analysis
By Thomas E.L. Dewey | October 14, 2022
'SA Luxury Expeditions v. Schleien' is significant because it makes clear that conduct that may have the intent or effect of disparagement—but is not itself disparaging—may not breach a settlement agreement's non-disparagement clause unless such conduct is expressly prohibited by that clause.
New York Law Journal | Analysis
By Matthew Solomon and Megan Yllanes | October 11, 2022
The impact of runaway jury verdicts for defendants—and the insurance industry, in particular—has been palpable.
New York Law Journal | Analysis
By Myrna Barakat Friedman | September 16, 2022
Whether 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.
New York Law Journal | Commentary
By James Borkowski | August 12, 2022
Whether you are new to mediation or a seasoned practitioner in the forum, 'Mastering Mediation: 50 Essential Tools for the Advanced Practitioner' offers helpful tips for everyone at every level.
New York Law Journal | Analysis
By Myrna Barakat Friedman | August 10, 2022
This article outlines some of the particularities of family business disputes and suggests some guidelines that mediators may want to consider when mediating them.
By Angela Turturro | August 8, 2022
In this Special Report: "Arbitration 911: Emergency Arbitration Emerges as an Option," "How Companies Can Improve the Pipeline of Diverse Lawyers in Arbitration," "Valuation Disputes and Disagreements: ADR Could Be the Solution for Dissolution," "The Benefits of Cost Shifting and the English Rule in International Arbitration," "Have You Got the Right Virtual Platform for Your Arbitration?" and "Arbitration Absent Agreement: A Survey of New York Statutory Nonconsensual Binding Arbitration."
By Apoorva Patel | August 5, 2022
Greater diversity in arbitration allows parties to benefit from different perspectives gleaned from wider social and cultural context and must encompass all participants in the arbitral process.
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