Publications

NAM has welcomed the Hon. Lewis J. Lubell (Ret.) to its panel of neutrals, bringing his impressive background and decades of judicial experience to NAM’s clients. In this edition of NAM Neutral Perspective, we spoke with Judge Lubell about how more than two decades on the Supreme Court bench and a decade as a trial […]

I have previously written about the value of mock exercises for lawyers preparing for trials or appellate arguments (see “What Mock Exercises Reveal that Briefs Cannot” New York Law Journal April 2, 2026*).  The point I made is that mock exercises are invaluable because they provide the lawyers with the opportunity to test their arguments […]

Commercial disputes involve more than questions of legal liability. Cost, timing, confidentiality, business relationships, and operational disruption can all influence how a matter should be handled. An effective alternative dispute resolution process accounts for these considerations, giving parties an opportunity to assess risk, address the issues driving the dispute, and pursue a resolution suited to […]

For commercial litigators, the decision to mediate is frequently driven by a convergence of practical and strategic considerations. One of the most common triggers is escalating discovery costs. As document production, expert analysis, depositions, and motion practice accumulate, clients naturally begin evaluating whether the anticipated expense remains proportional to the potential outcome. Even in high-value […]

The growing use of virtual and hybrid proceedings has transformed commercial dispute resolution, making it easier for parties, counsel, decision-makers, and other key stakeholders to participate regardless of location. NAM offers virtual, in-person, and hybrid options, allowing parties to select the format that best supports their needs. But flexibility in how proceedings are conducted is […]

Perhaps the strongest endorsement of mediation is its success rate. Across courts, private providers, and commercial ADR programs, mediation consistently resolves a substantial majority of disputes before trial or final adjudication. Industry data commonly places settlement rates between 70% and 85%, with many sophisticated commercial parties viewing mediation as the most efficient first step in […]

Case Study | 2026 Introduction This complex labor law matter arose from a workplace accident at a supermarket loading dock. A male plaintiff in his late forties was employed by a company that services loading docks. While performing repairs, he was struck in the head and neck when a metal flap collapsed, resulting in severe […]

Commercial disputes are an inevitable reality of doing business. As transactions become more complex, supply chains become more global, and contractual relationships become increasingly interconnected, businesses are placing greater emphasis on efficient, cost-effective methods of resolving disputes without the disruption and expense of traditional litigation. Across the dispute resolution industry, commercial arbitration and mediation continue […]

Reducing Volatility in Jury Outcomes Given the increasing unpredictability of jury verdicts, early mediation has become a valuable tool in refining medical malpractice case valuation. Engaging in mediation at an early stage allows parties to: This process can help narrow valuation differences and reduce the likelihood of extreme outcomes at trial. Early mediation is particularly […]

Medical malpractice case valuation continues to evolve as advances in healthcare, technology, and litigation strategy reshape how liability and damages are assessed. While traditional factors such as the severity of injury and strength of the medical record remain critical, attorneys and neutrals must also consider emerging influences that can significantly impact case outcomes. From the […]