Publications

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.

THE FUTURE OF ADR, POST-COVID: PERSONAL MUSINGS FROM A NEUTRAL

Posted on Nov 02, 2020

As my teenage children can attest, I am technologically challenged. So, at the onset, my technological aptitude was worrisome. Well, those worries are long gone. As most of us have figured it out, I have learned to share my screens with the other participants in the mediation or arbitration process.

IS MEDIATION CONDUCTED THROUGH VIDEOCONFERENCING BETTER?

Posted on Oct 22, 2020

Human beings are social creatures and most of us would rather participate in-person if possible. In the post-Covid-19 future, both video and of course in-person hearings will be available. I want to share a few observations about the unique benefits that come with video mediation or as it is often referred to, videoconferencing or Virtual ADR.

UNPRECEDENTED TIMES REQUIRE A VIABLE ALTERNATIVE – ADR IS THE ANSWER

Posted on Oct 13, 2020

The reality is that now in most jurisdictions, it is almost impossible for litigants to have their day in court, impaneling a jury is out of question, the processing of routine legal matters has taken a dramatic hit and the backlog of cases awaiting trial on most court calendars has grown exponentially.

ONLINE MEDIATION OF MATRIMONIAL MATTERS? IT WORKS

Posted on Oct 06, 2020

Now that the courts have begun to reopen, one might at first believe that the pre-pandemic status of courts dealing with a steady flow of matrimonial cases is being slowly but inexorably restored. However, not only is online mediation still as desirable an alternative as it was during the pandemic’s darkest days, it remains an attractive option specifically in the area of matrimonial law, where disputed issues are often personal and sensitive.

THE MEDIATION OF CATASTROPHIC INJURY MEDICAL MALPRACTICE CASES

Posted on Sep 10, 2020

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines) and medical briefs in order for the mediator to properly prepare for the hearing.

RESOLVING TRUST AND ESTATE DISPUTES UTILIZING VIRTUAL ADR

Posted on Aug 10, 2020

The emotionally charged and highly personal nature of estate and trust disputes lend themselves well to ADR, particularly mediation, because neutral mediators use their interpersonal skills in a confidential venue to help the parties resolve their differences.