Publications

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.

It goes without saying that all aspects of our lives are affected by the dangers and restrictions imposed by the current COVID-19 pandemic. On the professional side, for those who practice civil and commercial litigation, courtrooms are closed. We are basically banned from practicing law out of our offices and all of the scheduled court appearances, deposition dates and other mandated discovery responses are extended, often without date.

As we are all challenged by the current pandemic, it strikes me that alternative dispute resolution (ADR) is perhaps no longer an alternative to traversing the court system, but rather the only viable method for the expeditious resolution of disputes. Why do I say this?

Lately, I am reminded of the John Lennon song, “Nobody Told Me There’d Be Days Like These.” Courts are essentially closed. Settlement conferences and trials are suspended for the foreseeable future. Without cases going forward, clients are in limbo.

“Stop the World: I Want to Get Off” was a musical with Anthony Newley. It originally opened in London in 1961 and made it to Broadway in 1962. It was followed by a film in 1966 and a revival in 1978. n the play, whenever something unsatisfactory happened to the lead character, named Littlechap, he called out, “Stop the World” and proceeded to address the audience directly. This occurred multiple times throughout the performance.

New York residents have been asked to “P A U S E.” Across the Nation there is an all-out effort to “Slow the Roll.” Our scientist-leaders have implored us to “social distance.” The historic and courageous acts of healthcare professionals and first responders, undertaken in Herculean proportions, are beyond description. Markets are strained. Business relationships are stressed.

Chief Administrative Judge Lawrence Marks’s administrative order in combination with Governor Cuomo’s PAUSE (Policies Assure Uniform Safety For Everyone) executive order eliminate all but emergency in-person legal proceedings in the courts of the State of New York. As such, the courts are largely unstaffed. Surely, those measures are necessary to combat the novel coronavirus known as COVID-19.