Publications Archives - Page 17 of 18 - National Arbitration and Mediation

Publications

REVISITING MEDIATION: KEY COMPONENTS TO SUCCESS

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...

ARBITRATION CLAUSE CONSIDERATIONS IN HEALTH CARE SERVICE AGREEMENTS

Many health insurance plan agreements contain language in which the patient agrees, by virtue of their participation in the plan, that any medical malpractice claim will be heard by an arbitrator rather than in court by a jury. In other instances, medical providers and facilities have arbitration clauses contained in the pap...

DEMONSTRATING STRENGTH BY ACKNOWLEDGING WEAKNESS IN MEDIATION

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...

ADR = ALTERNATIVE DISCOVERY RESOLUTION – REVISITED

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...

Construction Defect Claims: A Mediator's Perspective

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

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...

MEDIATION AND ARBITRATION: ALTERNATIVES TO MATRIMONIAL LITIGATION

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

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...