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The Legal Intelligencer

Innovation During Crisis: Mandatory Mediation Success in Allegheny County

The new rule, even though not yet fully implemented, has already shown success in bringing reluctant parties to the bargaining table. It has been praised by both litigators and neutrals alike.
5 minute read

New York Law Journal

Using Mediation Disclosures for Litigation Advantage: The Slippery Slope of Mediation Confidentiality

Confidentiality is the bedrock of mediation. Parties must be able to feel confident that what they say in mediation will not be disclosed outside of the proceeding. That said, many parties and their counsel use statements made during mediation to gain advantage in litigation. This article discusses the several reasons for this and why the issues must be addressed by mediation institutions, the courts and the mediation bar.
5 minute read

International Edition

Can Arbitration and Alternative Dispute Resolution Get Along?

An international audience convened in the Portuguese capital to examine how mediation and other ADR methods can be integrated with arbitration to better meet clients' needs and find more flexible solutions.
4 minute read

New York Law Journal

Decision of the Day: Former Federal Judge Chosen as Umpire In Arbitration Over Hurricane Damage Coverage

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read

International Edition

Covington to Advise Ukrainian Billionaire on Arbitration Against Russia

In 2022, a Covington team also advised Ukraine on a case against Russia to the International Court of Justice.
2 minute read

New York Law Journal

Mediating Parties Beware! Potential Pitfalls and States' Varying Mediation Privileges

Mediation can be a useful tool to attempt to resolve high-stakes matters without incurring hefty legal fees, and without the publicity and attention that can come from litigating in open court.
6 minute read

New Jersey Law Journal

Decision Lowers Standard for Enforceability of Arb Clauses in Commercial Contracts

Although prior unpublished decisions have reached similar conclusions, the County of Passaic case resulted in the first published Appellate Division decision containing a rule pronouncement regarding the enforceability of arbitration provisions in the commercial context.
8 minute read

The Legal Intelligencer

Four Joint Insurers—Does an Arbitration Clause Appearing in Only One Policy Control?

What happens if following an insured's claim against four insurers, only one of the four insurance policies contains a mandatory arbitration clause? Will the entire claim be resolved through arbitration or in court? Or, perhaps, will the percentage claim against each insurer be resolved through the process set forth in its individual policy?
7 minute read

New York Law Journal

Virtual Reality of Sexual Harassment Related Claims and ADR

A set of Southern District of New York cases recently interpreted the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which amended the FAA to preclude arbitration of a "sexual harassment dispute."
9 minute read

Daily Business Review

Is Private Judging Another Solution to Florida's Court Backlog?

"Every case that gets diverted from the public system, is one less case clogging up the system," said former Circuit Court Judge Alan Fine. "You can think of it as a concierge judicial service."
4 minute read

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