By Myrna Barakat Friedman | October 25, 2023
A discussion of the developments in arbitration procedural rules as they relate to four issues that seem to be the key bases of such reluctance: the "optionality" of confidentiality, speed and expedited procedures, early dismissal opportunities and appealability of an arbitral award.
New York Law Journal | Analysis
By David W. Ichel | October 24, 2023
In this article, David W. Ichel discusses how he tackles his role as a mediator and highlights that he can settle most cases when the parties come willing to roll up their sleeves, no matter how far apart they start.
By Dan Roe | September 29, 2023
Former U.S. District Court Judge Shira Scheindlin said Boies Schiller's focus on litigation, mediation and arbitration represented a better fit for her practice as a neutral.
New York Law Journal | Expert Opinion
By Lawrence M. Pearson and John S. Crain | September 26, 2023
A discussion of how Southern District Judge Ronnie Abrams confirmed the broad scope of the 'Ending Forced Arbitration Act.' In denying a motion to compel arbitration, the court made clear that 'sexual harassment' can include any "unwanted gender-based conduct."
By Emily Saul | September 21, 2023
The Wednesday celebration at the New York City Bar Association Honored late founding chair and former Chief Judge of the New York State Court of Appeals Judith Kaye.
By Brian Lee | September 7, 2023
The New York State Dispute Resolution Association's inaugural advisory board will be chaired by retired Judge Lawrence K. Marks, who stepped down in November after seven years as the second-in-command of the state's $3 billion-plus court system.
New York Law Journal | Analysis
By David W. Ichel | August 16, 2023
Arbitrator selection is a critical component of every arbitration proceeding given that the selection will determine who will adjudicate the dispute. Commercial arbitration is a creature of contract. The parties in their contract provide for the governing arbitral organization and rules, if any, and how the arbitrator or arbitrators are to be selected.
New York Law Journal | Analysis
By Leslie A. Berkoff | August 7, 2023
Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
New York Law Journal | Analysis
By John M. Delehanty | August 7, 2023
The joint session is the only phase of the mediation in which the parties meet face to face and present their respective positions. In fact, this event may be the only time prior to trial when the parties have an opportunity to meet and address each other in person, rather than being walled off from each other through the thicket of litigation filings.
New York Law Journal | Analysis
By John Fellas | July 3, 2023
In late June, the U.S. Supreme Court issued back-to-back pro-arbitration decisions in two separate cases.
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