Publications

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.

REACHING A COMMON GROUND THROUGH ALTERNATIVE DISPUTE RESOLUTION

Posted on Feb 15, 2021

The starting point of any dispute resolution process must always be understanding the bases for the controversy, that is, what brings the parties before us. What are the perceived liabilities and responsibilities of each of the parties and what are the possible arguments supporting or detracting from each party’s approach to the dispute?

THE POST-COVID WORLD OF LITIGATION – A PERSONAL OBSERVATION

Posted on Jan 13, 2021

Our world has forever been changed. We have witnessed an advance in remote technology at an unprecedented pace. Web platforms such as Zoom have supplanted the need to get into a car and drive to a courthouse or a brick-and-mortar facility to conduct proceedings.

MED-ARB: IS IT THE WAVE OF THE FUTURE?

Posted on Nov 23, 2020

The possibility of an eventual arbitration may very well motivate the parties to successfully reach a settlement at the mediation stage. The central advantages of Med-Arb are the certainty of a defined outcome, greater efficiency in terms of time and money, and greater flexibility concerning process and timeline.

THE JOINT SESSION – BENEFITS TO CONSIDER

Posted on Nov 11, 2020

Attorneys who have been litigating cases for years are in the best position to judge whether a joint session is worthwhile or not. There is no rule that there must be a joint session at a mediation. A mediator should maintain the flexibility to always work in a way that will best serve the process.