Publications

ADR = ALTERNATIVE DISCOVERY RESOLUTION – REVISITED

Posted on Jan 01, 2017

On a dark and stormy morning in Lenox Massachusetts, the attendees at the New York State Bar Association's spring meeting of the Commercial and Federal Litigation Section were greeted by an all-star panel discussing "Alternative Discovery Resolution." Though the panel's topic spoke to resolving "normal" discovery problems, i...

DEMONSTRATING STRENGTH BY ACKNOWLEDGING WEAKNESS IN MEDIATION

Posted on Jan 01, 2017

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

WHEN DRAFTING AN ARBITRATION CLAUSE, SPECIFICITY MATTERS

Posted on Nov 01, 2016

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...

CONSTRUCTION DEFECT CLAIMS: A MEDIATOR'S PERSPECTIVE

Posted on Nov 01, 2016

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

MEDIATION AND ARBITRATION: ALTERNATIVES TO MATRIMONIAL LITIGATION

Posted on Jul 25, 2016

A commentator on alternative dispute resolution wrote 31 years ago that although matrimonial matters are a specialized area of law, "[p]arties most often wait up to two or three years to litigate a complex divorce involving property division or financial support among other issues." Another analyst wrote, 40 years ago: ...

NUTS AND BOLTS OF A SUCCESSFUL ARBITRATION

Posted on Jun 18, 2016

I have had the privilege of being a trial attorney for thirty-five (35) years. Without a doubt, during those years, I have tried and arbitrated hundreds of cases having been involved in both. It is clear to me that arbitration is the better method for an expeditious and cost-effective conclusion to a lawsuit. This article wi...

TITLE IX COMPLAINTS – RESOLVING THEM WITH ADR

Posted on Jun 01, 2016

By: Honorable Elizabeth Bonina June, 2016 There have been many serious allegations concerning gender-based discrimination, particularly sexual assault and other serious matters, on college campuses this year throughout the country. Whether it was the recent incidents involving the allegations of cover-ups of sexual assault charges against members of the Baylor football team, the expelling of […]

OPENING STATEMENTS IN MEDIATION – DON'T PASS UP THE OPPORTUNITY

Posted on May 01, 2016

Richard P. Byrne, Esq. will speak at the annual CPCU (Chartered Property Casualty Underwriters) Atlanta I-Day, 2016 conference entitled Coverage! Whats in Your Policy!? The all-day conference will be held on Friday, August 19, 2016 between 7 a.m. - 4 p.m. at the Ritz-Carlton, Buckhead, 3434 Peachtree Road, NE, Atlanta Georgia.