New York Law Journal | Analysis
By Abby Tolchinsky and Ellie Wertheim | April 10, 2018
Impressed by Judge Dan Polster's commitment to the mediation process and what are clearly exceptional skills, Mediation columnists Abby Tolchinsky and Ellie Wertheim had the opportunity to speak with the judge about his theory and process. While all mediators help parties come to autonomous resolutions, his unique methodology entails employing the gravitas of the robe.
New York Law Journal | Analysis
By John Fellas | April 5, 2018
International Arbitration columnist John Fellas discusses the various distinctions made by the Second Circuit in 'Gusa' and their implications for parties applying to U.S. courts to reduce an award to judgment.
New York Law Journal | Commentary
By Helen E. Freedman | March 21, 2018
After three years as a neutral, I can report that while my judicial skills prepared me in some ways, they presented obstacles in other ways.
By Angela Turturro | March 19, 2018
In this week's Special Report: "Five Reasons to Include Arbitration Clauses in Business Contracts … and Five Reasons to Reconsider," "Mediating Highly Emotional Workplace Disputes," "'Nondomestic' Arbitrations: An Underrecognized Path to Federal Court Review," "Encouraging Greater Use of Mediation in International Commercial Arbitration" and "Navigating the Mediation Experience: No Compromise—No Resolution."
By Jason Grant | March 16, 2018
A unanimous Appellate Division, First Department, panel said hearsay evidence “may be the basis of an administrative determination.”
By Jennifer B. Zourigui | March 16, 2018
There are sometimes advantages to arbitration over litigation but there also can be disadvantages in arbitration. Both warrant discussion and evaluation prior to the selection of a forum.
By Jonathan Greenblatt, Henry Weisburg, Christopher Ryan and Anna Stockamore | March 16, 2018
Mediation is not a staple of complex international commercial arbitration. It may well precede it—many arbitration agreements contain a “tiered” approach to dispute resolution that includes mediation—but once a large international arbitration is fully underway, it is the experience of the authors, corroborated by empirical research, that mediation has not been widely accepted as a means to reach settlement.
By John P. DiBlasi | March 16, 2018
Making the best use of your mediator's abilities and time at every stage of the proceeding is extremely important in attempting to reach resolution.
By Elizabeth Edmondson and Gretchen Stertz | March 16, 2018
If you wish to litigate confirmation in federal court, it is important to be aware of the category of “nondomestic” arbitrations—which may offer an underutilized path to federal jurisdiction.
By Stephen P. Sonnenberg | March 16, 2018
Deciding whether or how to address varied emotions that stand in the way of resolution often is a key to a successful mediation.
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