Publications

Many attorneys are familiar with the old adage, "Cases which get prepared for trial settle and cases which are prepared for settlement get tried." On this spectrum, Mediations should be viewed as much more akin to a trial with "preparation, preparation, preparation" being the mantra chanted. Mediations provide that moment in...

During the course of negotiations, it is very common for one or more of the parties to ask a Mediator, "So, what do you think the case is worth?" This Mediator has a consistent response to that often-heard inquiry, "The case is worth what it settles for." Although that response may, at first, seem a bit glib, the inquiring p...

The submission of a well-crafted brief prior to the mediation is an excellent opportunity to give the mediator a real preview of your position in advance. It can be used to educate, persuade, and create a roadmap for settlement negotiations. It is to your benefit to submit same as it will save time at the mediation and creat...

BACK TO BASIC: IMPORTANT CONSIDERATIONS NOT TO BE OVERLOOKED By: Hon. John P. DiBlasi, J.S.C. (Ret.) & Jacqueline I. Silvey, Esq., NAM General Counsel /wp-content/uploads/2016/09/diblasi.png John Wooden, one of the most successful coaches in basketball history, always focused his teams on the basics. The first lesson he ...

During the last month, John W. McConnell, Counsel, to Chief Administrative Judge Gail Prudenti, set forth five proposed changes to how the Commercial Division operates - both substantively and procedurally. Many of these changes were first floated to the public in the Report to Chief Judge Jonathan Lippman by his Task Force ...

In 2012, Chief Judge Jonathan Lippman created the Task Force on Commercial Litigation in the 21st Century to provide practical proposals that would have a lasting impact on commercial litigation in New York. The Task Force had an interdisciplinary make up of practitioners, academics and current and retired judges of the Comm...

Employers who use The Alternative Dispute Resolution process need to review and change their arbitration provisions regularly. Changes in statutes and case law provide a continuing challenge, as a recent ruling indicates. A decision by the Fifth Circuit Court of Appeals dealt with the validity of arbitration provisions of...

Here are some do's and don'ts which lead to a more effective joint session of your mediation: Do engage in a realistic discussion of the strengths and weaknesses of your case. Do not spend time posturing to impress or intimidate. Do recognize that every case is unique. Do not lump your case in with similar matter...

Oftentimes, parties come to a Mediation session completely focused on "big picture" issues - their leading claims and defenses and the consequent damages they are seeking to advance or refute. Great time and labor is then invested in the ensuing debate and negotiations relative to these issues. Indeed, significant progress m...

THE NUTS AND BOLTS THAT MAKE A PROVISION WORK By: Hon. John P. DiBlasi, J.S.C. (Ret.) & Jacqueline I. Silvey, Esq., NAM General Counsel /wp-content/uploads/2016/09/diblasi.png When parties enter into a commercial contract that contains an arbitration provision, they are usually in the honeymoon stage of the business rela...