Publications

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 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...

SPONSOR VOTING RIGHTS AFTER RELINQUISHMENT OF CONTROL

Posted on Feb 10, 2017

For many years, the courts have discussed the issues which arise when a sponsor/holder of unsold shares (hereafter, "sponsor") in a cooperative apartment corporation seeks to vote its shares at elections for the board of directors after the statutory period of permitted sponsor control has expired. Justice Ellen J. Coin, rec...

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...

WHY ADR IN THE BALKANS MATTERS

Posted on Feb 10, 2017

I have been privileged, on two separate occasions, to be retained as a legal consultant for a program sponsored by the United States Agency for International Development (USAID). The program was designed to assist local authorities in strengthening the legal system in the Republic of Macedonia. In that capacity, I provided i...

PREPARATION, PREPARATION, PREPARATION – INVESTING IN THE MEDIATION

Posted on Feb 10, 2017

Many attorneys are familiar with the old adage, "Cases which get prepared for trial settle and cases which are prepared for settlement get tried." On this spectrum, Mediations should be viewed as much more akin to a trial with "preparation, preparation, preparation" being the mantra chanted. Mediations provide that moment in...