Publications

LANDLORD/TENANT DISAGREEMENTS – REACHING A RESOLUTION THROUGH ADR

Posted on Aug 09, 2021

Landlord/tenant relationships were severely strained, if not ruptured, during the pandemic. Base rent was not paid; percentage rents evaporated as tenant businesses atrophied. In many cases, customary building services and amenities were not provided or needed. Now that economic activity is burgeoning again, and there are signs of economic revitalization in the air, we must turn to how to best restructure broken or frayed landlord/tenant relationships.

VIRTUAL ADR: LIFE AFTER LOCKDOWN

Posted on May 05, 2021

At a recent webinar, a discussion about the future of virtual ADR was front and center. ADR providers had the foresight to act immediately. Within a matter of two to four weeks the “service” side of our profession had tapped into the available technology.

THE MASKED MEDIATOR – A PERSONAL ACCOUNT OF AN IN-PERSON MEDIATION

Posted on Apr 29, 2021

On the day of the mediation, I wore a suit for the first time in ten months. The case was held in NAM’S Westchester office. We utilized a large conference room and kept the door open. In addition, each side was able to utilize their own breakout room. Of course, everyone wore a mask.

IMPORTANT PROVISIONS IN SELF-STORAGE LEASES

Posted on Apr 20, 2021

There are additional provisions that seem to be particularly useful when defending against tenant loss claims, ones in which the tenant is claiming that either the manager made promises that were broken or the tenant had certain expectations concerning the condition of the facility when they rented their unit.

IMPORTANT CONSIDERATIONS FOR COUNSEL ENGAGING IN THE ARBITRATOR PANEL SELECTION PROCESS

Posted on Mar 22, 2021

Counsel should make sure the arbitrator candidates have sufficient information about the parties, affiliates, party-representatives, known witnesses, entities that are controlling the claim and the arbitration, but who are not “parties,” the subject matter of the arbitration, and any other information relevant to the arbitrators’ consideration on whether to accept an appointment as an arbitrator or umpire.

A PROPOSAL FOR PRIVATE JUDGING IN NEW YORK

Posted on Mar 15, 2021

In our view, providing parties with the ability to seamlessly transition out of and back into the traditional state court system would provide for a robust guarantee of appellate review that stands in stark contrast to the narrow grounds for appellate review of an arbitration award. We also believe that embracing private judging as an alternative method to resolve disputes at the trial court level would allow parties to make informed decisions about which private judge would be best suited to evaluate a given dispute.

SOME THOUGHTS ON INSURANCE AND REINSURANCE MEDIATION

Posted on Feb 19, 2021

In court-annexed mediation, the parties are directed by the court or by court rule to mediation whether they like it or not. Compulsory mediation is not the best way to put the parties in a position to settle, but in many court systems, it is the reality. But guess what? We mediators settle a good percentage of these cases in spite of the compulsory nature of the proceeding.