MORE CHANGES ARE COMING TO THE COMMERCIAL DIVISION

May, 2014, By: Hon. Ira B. Warshawsky, J.S.C. (Ret.) Hon. Ira B. Warshawsky, Justice of the Supreme Court, Nassau, Hearing Officer for NAM (National Arbitration and Mediation)

During the last month, John W. McConnell, Counsel, to Chief Administrative Judge Gail Prudenti, set forth five proposed changes to how the Commercial Division operates - both substantively and procedurally. Many of these changes were first floated to the public in the Report to Chief Judge Jonathan ...

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MAKING THE MOST OF THE JOINT SESSION AT A MEDIATION: 7 DO'S AND DONT'S

May, 2014, By: Hon. John P. DiBlasi, J.S.C. (Ret.)

No two cases are the same. The joint session of the mediation is the best opportunity for the parties to speak face to face and engage in a realistic discussion of the strengths and weaknesses of their case. Counsel is best served by engaging in an objective, straight forward discussion of the uniqu...

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ARBITRATION CLAUSE CONSIDERATIONS IN HEALTH CARE SERVICE AGREEMENTS

April, 2014, By: Teresa M. Spina, Esq.

Many health insurance plan agreements contain language in which the patient agrees, by virtue of their participation in the plan, that any medical malpractice claim will be heard by an arbitrator rather than in court by a jury. In other instances, medical providers and facilities have arbitration ...

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ADR AND WORKPLACE SEXUAL ABUSE

April 2014, By Richard Brodsky, Esq.

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 betw...

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MAKING THE MOST OF THE EVALUATION PROCESS AT A MEDIATION

April, 2014, By: Hon. John P. DiBlasi, J.S.C. (Ret.)

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...

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