Publications

WHY MEDIATION OF THE NCAA LABOR DISPUTE MAKES SENSE

Posted on Feb 10, 2017

When football players at Northwestern University launched a bid to unionize last year, and a regional director at the National Labor Relations Board ("NLRB") ruled that the players are employees under the control of the university, a veritable "Pandora's Box" was opened that could, ultimately, end collegiate athletics as we ...

CLEARER PLAYER DISCIPLINARY PROCESS CAN HELP RESTORE NFL'S LUSTER

Posted on Feb 10, 2017

In the wake of criticism of the National Football League (NFL) and its commissioner, Roger Goodell, over the handling of domestic violence issues, there is an opportunity for the league to establish clearer, more uniform standards of player discipline. Emerging from the recent owners' meetings in New York, Commissioner Goode...

IDENTIFYING CONDITIONS TO SETTLEMENT PRIOR TO THE COMMENCEMENT OF NEGOTIATIONS

Posted on Feb 10, 2017

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...

CREATIVE SOLUTIONS IN THE COMMERCIAL MEDIATION PROCESS

Posted on Feb 10, 2017

Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions that had to be made in a day dwarfed any type of previous experience. Much in the same way the sheer nu...

ADR AND WORKPLACE SEXUAL ABUSE

Posted on Feb 10, 2017

New York's historic preference for arbitration was recently upheld in a strongly-worded decision issued by Judge Anil Singh of the New York County Supreme Court. In Pupiales v. Building Management Company, et al., the Court issued an Order compelling arbitration under CPLR 7503 in a dispute between Plaintiff Pupiales and Def...

THE PRE-MEDIATION MEDIATION – WHEN, WHERE AND WHY

Posted on Feb 10, 2017

As any practitioner who has represented a plaintiff in a lawsuit knows, nothing is more frustrating than spending a day at Mediation where the Mediator is consumed with issues among and between the defendants. Adding insult to injury, the Mediator is then ultimately unable to bring anything forth to the plaintiff by day's en...

THE COMMERCIAL ARBITRATION: THE SINGLE ARBITRATOR VERSUS THE TRI-PANEL

Posted on Feb 10, 2017

Over the years, I have had the opportunity to preside over numerous commercial arbitrations of all types. I have done so as the sole arbitrator and also as a member of a tri-panel. The decision to use a single arbitrator versus a tri-panel is a critical one. The decision as to the use of a single arbitrator or a tri-panel...

MAKING THE MOST OF THE EVALUATION PROCESS AT A MEDIATION

Posted on Feb 10, 2017

During the course of the private breakout sessions with the parties, the mediator is able to engage in a more candid discussion with counsel with respect to their case and their belief as to its strengths/weaknesses, and how they will likely address the opposing party's case at the time of trial. It also gives the parties th...

REVISITING MEDIATION: KEY COMPONENTS TO SUCCESS

Posted on Feb 10, 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...