GOOD FAITH NEGOTIATIONS AT MEDIATIONMarch, 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...Read more
3 KEY COMPONENTS FOR A SUCCESSFUL TRIAL OR ARBITRATION: PREPARATION, ANTICIPATION, EXECUTIONJuly, 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...Read more
ARBITRATE WITHOUT LOSING THE INTER PARTES REVIEW OPTIONMarch, 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.Read more
NAVIGATING THE MEDIATION EXPERIENCE: NO COMPROMISE - NO RESOLUTIONMarch, 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.Read more
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.”Read more