GOOD FAITH NEGOTIATIONS AT MEDIATION

March, 2018, By: Hon. John P. DiBlasi (Ret.)

As a full-time mediator for the past decade, I have come to learn that trust is a critical element in any successful negotiation. However, in an adversarial negotiation, trust is a relative thing. You may never come to fully trust your adversary, but that doesn’t mean parties can’t mutually enga...

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3 KEY COMPONENTS FOR A SUCCESSFUL TRIAL OR ARBITRATION: PREPARATION, ANTICIPATION, EXECUTION

July, 2018, By: Howard J. Kaplan, Esq.

Preparation starts the moment the case is assigned to the attorney. It begins with thoroughly familiarizing yourself with the dispute. From the outset, you should develop a theme for the case. Meeting and getting to know your client is critical to ultimately being successful in the courtroom or arbi...

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ARBITRATE WITHOUT LOSING THE INTER PARTES REVIEW OPTION

March, 2018, By: Jeffrey A. Schwab, Esq.

Although a patent’s validity can be the subject matter of an arbitration proceeding, AIA provides an additional forum for a validity challenge within the Patent Office via an administrative proceeding.

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NAVIGATING THE MEDIATION EXPERIENCE: NO COMPROMISE - NO RESOLUTION

March, 2018, By: Hon. John P. DiBlasi (Ret.)

Mediation is a productive process, a process whose premise is that no party will get exactly what they want, but each will compromise to reach a mutually agreed upon resolution.

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THERE'S A NEW RULE IN TOWN - WHAT WILL YOU DO ABOUT IT?

February, 2018, By: Hon. Ira B. Warshawsky, J.S.C. (Ret.)

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification Relating to Alternative Dispute Resolution.”

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