THERE'S A NEW RULE IN TOWN - WHAT WILL YOU DO ABOUT IT?

February, 2018, By: Hon. Ira B. Warshawsky, J.S.C. (Ret.)

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification Relating to Alternative Dispute Resolution.”

Read more

WHY MEDIATIONS FAIL

December, 2017, By: Richard P. Byrne, Esq.

While the majority of disputes resolve at Mediation, there nonetheless remain those that impasse. At times, the lack of success stems from individual issues unique to the matter at hand.

Read more

ENDING GENDER AND MINORITY BIAS IN ADR SELECTION THROUGH EDUCATION

November, 2017, By: Stephanie J. Ball, JD

For too long, countless articles, reports, and surveys have been written and discussed addressing the inequality of women and other underrepresented groups of attorneys in Alternative Dispute Resolution (ADR).

Read more

THE CRUCIAL DECISION: MEDIATE OR LITIGATE? A FORMER JUDGE’S PERSPECTIVE

November, 2017, By: Honorable Larry S. Schachner (Ret.)

In most instances, deciding to mediate or litigate is a key moment in the life of a case. There is always great risk if the parties utilize the litigation process and proceed to trial.

Read more

THE FUTURE OF CLASS ACTION WAIVERS IN EMPLOYMENT ARBITRATION AGREEMENTS

November, 2017, By: David S. Feather,Esq.

For the past several years, management-side employment and labor law attorneys have felt relatively confident in advising employers that it was lawful to have class/collective action waivers in arbitration agreements with their employees.

Read more