Publications

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.

In light of the current state of events, Alternative Dispute Resolution may be the only way to resolve cases in the foreseeable future. With many law firms and insurance carriers permitting staff to work from home, and social distancing becoming the “new normal,” it is vital that the legal community embrace technology in order to continue functioning.

By: Richard P. Byrne, Esq. | March 2020 The experience gained from a crisis can often prove meaningful – and even transformative – as adaptive changes, which otherwise may have evolved at a lesser pace, are accelerated. In response to the coronavirus, there has, literally, been an overnight movement by parties to utilize virtual ADR techniques to resolve […]

By: Honorable John P. DiBlasi, J.S.C. (Ret.) | March 2020 Several years ago, I served as a member of a tri-panel in a commercial arbitration. It consisted of three neutrals who were based in various locations on the East Coast. The attorneys were located on both the East and West Coasts. To accommodate the witnesses, a decision was made that […]

By: Michael W. Emerson, Esq.|March 2020 New York Law Journal Alternative Dispute Resolution (ADR) Special Report Imagine you work as “in-house” counsel at an investment bank.  Your principal role is to advise your clients (typically sales personnel, product structurers and traders) about the various legal, regulatory and compliance risks associated with esoteric financial products.  These products are not […]

By: Bob Worden, Esq. | March 2020 There are numerous benefits associated with using mediation to resolve medical malpractice disputes. The mediation process affords both parties more control over the process, often reduces the cost of litigation, and can expedite dispute resolution for all. Medical malpractice mediation also presents its challenges. Given the nature of medical […]

Employment matters generally involve parties who know one another, and therefore are more susceptible to emotional and irrational decisions. 

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...

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...

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...