New York Law Journal | Analysis
By Abby Tolchinsky, Ellie Wertheim and Sarah Perlman | December 15, 2020
While there is always a role for the traditional, case-oriented legal work of addressing grievances one case, complaint, or client at a time, this moment of far-reaching and deep need calls for solutions on a broad scale. Enter community lawyering: a less conventional, more expansive model of legal practice.
New York Law Journal | Analysis
By Edward M. Spiro and Christopher B. Harwood | December 14, 2020
While courts generally cloak mediation with a fair degree of confidentiality, this protection is not absolute and courts have disagreed whether a party seeking discovery of materials relating to a confidential private mediation (as distinct from a court-sponsored mediation) must make a heightened showing of need. In this edition of their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent case that addressed this issue.
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | December 7, 2020
In their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz discuss 'U.S. v. Novelis et al.' and other developments. Practitioners should understand how arbitration was used in 'Novelis' and how the Division is likely to use it in the future.
By Jane Wester | November 30, 2020
Through New York City Private Justice, former Administrative Judge for Matrimonial Matters Jacqueline Silbermann will preside over the equivalent of an arbitration proceeding, either online or in a space at the Chrysler Building large enough to allow for social distancing.
New York Law Journal | Analysis
By Angela Turturro | November 23, 2020
In this Special Report: "The Increasing Use of Data Analytics in International Arbitration," "Advice to Mediation Counsel: Drop the Litigation Rhetoric and Learn To Compromise," "Med-Arb: Is It the Wave of the Future?" and "Mediation in Adult Guardianship Matters."
By Jeffery Commission and Giulia Previti | November 20, 2020
Although legal analytics are well established in U.S. litigation, it is a relatively new development in international arbitration but is likely to increase on an exponential basis in years to come.
By John M. Delehanty | November 20, 2020
While many attorneys have successfully utilized mediation or some sort of ADR program, it stands to reason that many others still have not. This article provides advice to mediation counsel on how to prepare an effective mediation statement, how to adapt their advocacy from litigation mode to mediation/settlement mode, how to use joint sessions to advance settlement objectives, how to work with clients and the mediator in caucus to arrive at creative settlement options and how to prepare an enforceable term sheet at the conclusion of the mediation.
By Alison Arden Besunder | November 20, 2020
While alternative dispute resolution has been successful in Surrogate's Courts, Article 81 guardianship proceedings present unique challenges relating to an alleged incapacitated person.
By David B. Saxe | November 20, 2020
The pressure on the Alternate Dispute Resolution world to handle a dramatic increase in volume offers the opportunity to consider a third or hybrid process of dispute resolution known as Med-Arb, the melding of the two established conflict resolution processes—mediation and arbitration.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | November 19, 2020
In their International Litigation column, Lawrence W. Newman and David Zaslowsky look at the question of how courts decide the issue of personal jurisdiction in the context of enforcing international arbitration awards.
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