Publications

HOW ALTERNATIVE DISPUTE RESOLUTION AND TECHNOLOGY CAN KEEP YOUR CASES MOVING IN THE FACE OF COURT CLOSURES

Posted on Mar 26, 2020

By: Peter B. Skelos, J.S.C. (Ret.)March 2020 Chief Administrative Judge Lawrence Marks’s administrative order in combination with Governor Cuomo’s PAUSE (Policies Assure Uniform Safety For Everyone) executive order eliminate all but emergency in-person legal proceedings in the courts of the State of New York.  As such, the courts are largely unstaffed.  Surely, those measures are necessary to […]

ALTERNATIVE DISPUTE RESOLUTION IN THE AGE OF COVID-19

Posted on Mar 18, 2020

By: Honorable Elizabeth Bonina, J.S.C. (Ret.)March 2020 On March 13, 2020, Chief Administrative Judge Lawrence K. Marks announced measures relating to court proceedings in an effort to limit large public gatherings throughout the state.  Those measures include the following:  (a) suspending the jury selection process in civil and criminal matters until further notice; (b) suspending Civil Trial Assignment […]

THE VIRTUES OF VIRTUAL ADR

Posted on Mar 18, 2020

By: Richard P. Byrne, Esq.March 2020 The experience gained from a crisis can often prove meaningful – and even transformative – as adaptive changes, which otherwise may have evolved at a lesser pace, are accelerated. In response to the coronavirus, there has, literally, been an overnight movement by parties to utilize virtual ADR techniques to resolve disputes. Present […]

EMBRACING TECHNOLOGY IN THE FACE OF THE CORONAVIRUS: VIRTUAL REALITY IN ARBITRATIONS AND MEDIATIONS

Posted on Mar 18, 2020

By: Honorable John P. DiBlasi, J.S.C. (Ret.)March 2020 Several years ago, I served as a member of a tri-panel in a commercial arbitration. It consisted of three neutrals who were based in various locations on the East Coast. The attorneys were located on both the East and West Coasts. To accommodate the witnesses, a decision was made that the arbitration would be […]

RESOLVING FINANCIAL DISPUTES THROUGH MEDIATION: A Case Study from the Perspective of In-House Counsel

Posted on Mar 16, 2020

By: Michael W. Emerson, Esq. New York Law Journal Alternative Dispute Resolution (ADR) Special ReportMarch 2020 Imagine you work as “in-house” counsel at an investment bank.  Your principal role is to advise your clients (typically sales personnel, product structurers and traders) about the various legal, regulatory and compliance risks associated with esoteric financial products.  These products are not […]

RESOLVING MEDICAL MALPRACTICE MATTERS – POSITIVE OUTCOMES THROUGH MEDIATION

Posted on Mar 09, 2020

By: Bob Worden, Esq.March 2020 There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can expedite dispute resolution for all. Medical malpractice mediation also presents its challenges. Given the nature of medical malpractice claims, […]

THE BENEFITS OF EARLY MEDIATION – THE PATH LEAST TAKEN REQUIRES COMMITMENT

Posted on Jan 02, 2020

The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...