Publications

ELEVATING YOUR ADR GAME – USEFUL INSIGHTS AND PERSPECTIVES

Posted on Nov 16, 2021

The core of Chris Voss’ approach to negotiation in his book "Never Split the Difference: Negotiating As If Your Life Depended On It," is the use of what he terms tactical empathy. In brief, tactical empathy is a combination of true active listening, establishing connection, and framing the negotiation. As Voss writes, “Negotiation as you’ll learn it here, is nothing more than communication with results.”

REFLECTIONS ABOUT THE PANDEMIC, ADR AND A LOOK AT WHAT'S AHEAD

Posted on Nov 10, 2021

I questioned whether attorneys would want to use this new technology? Admittedly, I considered myself somewhat technologically impaired, but what choice did I have? Surprisingly those early days went smoothly, and for the most part the transition was a smooth one, not only for myself, but for my fellow mediators, as well as the bar.

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.