By Angela Turturro | August 5, 2019
In this Special Report: "Before the Real Negotiations Begin: Use Good Faith Disclosure and Proactivity to Prevent Mediation Sabotage," "Be Prepared: ‘Presumptive ADR’ Is Coming," "Building a Safe Place for Mediation in Arbitration Proceedings," "How Mediation Differs From a Judicial Settlement Conference" and "Mediation Design: Start With the 'Why.'"
By Claudia Lanzetta | August 2, 2019
In light of the court systems’ ADR initiative and imminent implementation of a new “presumptive ADR” program, practitioners should be aware of the impetus behind the drive and how they can prepare for it.
By Linda Gerstel | August 2, 2019
It is a critical time for the arbitration community to consider a blueprint for increasing the use of mediation so that settlement rates in arbitration can be competitive with litigation.
By John P. DiBlasi | August 2, 2019
A successful mediation is predicated on trust. Transparency and professional courtesy go a long way in advancing negotiations.
By Andrew Nadolna | August 2, 2019
What reasons for mediation would lead parties and/or counsel to design the process a little differently? Here are some.
By Michael Starr | August 2, 2019
Mediation is not merely a more time-consuming form of settlement. It is a different process that, on account of its differences, takes more time.
New York Law Journal | Analysis
By David E. Schwartz and Risa M. Salins | August 1, 2019
In their Labor Relations column, David E. Schwartz and Risa M. Salins discuss three key SCOTUS rulings and the impact each is likely to have on the arbitration of employment-related claims. Employers are advised to review and update their arbitration agreements in light of these recent decisions and also stay abreast of federal and state legislation in this area.
By Leslie J. Wilsher | July 26, 2019
Not only is matrimonial mediation more efficient and less painful than battling over these issues in court, but sometimes something remarkable happens.
New York Law Journal | Analysis
By Thomas E.L. Dewey | July 26, 2019
Settlement and Compromise columnist Thomas E.L. Dewey discusses a recent Eastern District of New York decision that offers crucial insight for a practitioner seeking approval of a settlement that includes attorney fees in the district.
New York Law Journal | Analysis
By Lawrence W. Newman and David Zaslowsky | July 24, 2019
In their International Litigation column, Lawrence W. Newman and David Zaslowsky look back at the international litigation and arbitration issues decided in the U.S. Supreme Court's most recently ended term, specifically, decisions relating to service of process under the Foreign Sovereign Immunities Act, the immunity of international organizations, and class action arbitration.
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