Publications

Medical malpractice litigation is a war of attrition. For plaintiffs, defendants, and their respective counsel, the “traditional” path of a malpractice case is an exercise in endurance. Every month a case sits in traditional litigation, the stakes get higher. Between retaining multiple specialists, conducting endless depositions, and facing the all-or-nothing gamble of a jury trial, […]

Introduction This complex medical malpractice matter involved the wrongful death of man in his early 40s. With a decade-long history of cardiac disease and a previous atrial ablation, the decedent’s clinical picture presented significant challenges regarding both liability and causation. At the time of his passing, the decedent was survived by his wife and young […]

NAM Neutral Perspective – A Conversation with Judge Spodek NAM has welcomed the Hon. Ellen M. Spodek (Ret.) to its panel of neutrals, bringing her impressive background and decades of judicial experience to NAM’s clients. In this edition of NAM Neutral Perspective, we spoke with Judge Spodek about her practical and collaborative approach to mediation […]

The Hon. Judith N. McMahon (Ret.) recently joined NAM’s panel of neutrals, bringing decades of experience from the bench and a unique background in pharmacology. In this edition of NAM Neutral Perspective, we spoke with Judge McMahon about the principles that guide her approach to ADR, from the importance of preparation and trust to her […]

NAM Hearing Officer Michael B. Titowsky, Esq. breaks down ten actionable tips that bring structure, preparation, and stronger communication to the mediation process.

In an article published in the New York Law Journal, NAM Hearing Officer Howard J. Kaplan, Esq., provides insight into why arbitration is an efficient alternative to costly litigation.

In an article published in the New York Law Journal, the Hon. Larry S. Schachner provides insight into the process, requirements and the benefits of arbitration.

Putting litigation risks in perspective, the Hon. John J. Ark (Ret.) explores why "the worst settlement is often better than the best trial" in his latest article.

The Hon. Marsha L. Steinhardt (Ret.) reflects on her 30-year judicial career, her journey as a mentor, and breaking the “glass ceiling.”

Mediation during appeals is proving to be a game-changer, offering litigants a path to quicker resolutions and lower legal costs.