Publications

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.

"The maritime bar is very small, and people know each other and speak the same language. So in maritime disputes, it is extremely helpful to have an arbitrator or mediator with a maritime background."

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.

What will Mediation look like when that day arrives? Will there be in-person Mediations? Yes, absolutely. Will there be virtual Mediations utilizing videoconferencing? Yes, absolutely. Will there be Mediation sessions employing both in-person and remote participation simultaneously? Again, the answer is: Yes, absolutely.

The mediator’s function is to help the parties sort through the facts of the case. His or her success as a mediator depends upon treating everyone in the room with equanimity. It's difficult enough to prepare for a mediation, but finding out that the playing field has been changed at the last minute makes things that much more difficult.

I do see Virtual ADR as a game changer, as we come out of this crisis, because companies are going to be very mindful of their bottom line. The ability to just log in at 9 in the morning from wherever you are and actively participate, to see the other side and the other side’s principals, to have the exchanges that we’d be having if we were in a conference room together, that is remarkable.

The savings of time and money is probably the most significant factor in ADR becoming as popular as it is now. Litigation is incredibly expensive. The prospect of being able to avoid a lengthy trial with a jury that can be very unpredictable became appealing. Save time and expense while reducing risk.

As published by the American Bar Association (ABA). Construction claims often evolve into one of the most complex, expensive, unwieldy, and exasperating types of litigation. Numerous parties, extensive documentation, never-ending depositions, and competing experts—often with underlying insurance coverage disputes and parallel declaratory judgment actions—have the potential to cumulatively present all the negatives of the litigation process in one setting. This chapter addresses the alternative route of mediation as a means to cast a net over the situation and provide a forum to address the issues in a controlled fashion.

We are now all faced with the reality of social distancing, constant hand washing, flattening the curve, business closures, and the tragic public health consequences of the coronavirus. As we all try to adapt to the new normal, I am thankful that technology has allowed me to continue working while adhering to the government regulations.

What Day is it? Is it Tuesday? No, It’s Sunday. How was I able to solve this conundrum? A question many of us have asked ourselves when all structure seems to have gone out of our lives in the last few weeks, so we literally don’t recall the day of the week. In my case I knew it was Sunday when I brought in the morning paper and it had the Sunday comics neatly folded within.