“It is the good faith of counsel that serves as the bedrock for productive negotiations and will ultimately lead to settlement.”
Honorable John P. DiBlasi, J.S.C. (Ret.)
New York, NY (August 3, 2018) – NAM (National Arbitration and Mediation), one of the nation’s leading providers of Alternative Dispute Resolution (ADR), is pleased to announce that NAM neutral, Honorable John P. DiBlasi’s article Good Faith Negotiations at Mediation was published in the New York Law Journal’s ADR Special Report on Monday, August 6, 2018.
In the article, Judge DiBlasi, a former Justice of the Supreme Court Commercial Division – drawing upon his wealth of experience as an attorney, jurist, arbitrator and mediator – addresses how trust and good faith are critical elements in a successful negotiation. He also warns that in any adversarial negotiation, one may never fully trust opposing counsel and that bad faith strategies can sometimes prevent a settlement from being reached, often derailing the best of intentions. Judge DiBlasi offers several “good faith” tactics (including those related to demands and offers, settlement terms, disclosure of insurance coverage, and professional conduct) for parties to consider during the mediation process.
Judge DiBlasi also notes a general rule of thumb during mediation, “Listen with an open mind. Hear what your adversary and the mediator have to say. You have two ears and one mouth, which is why you should listen twice as much as you talk.” He further states, “It is the good faith of counsel that serves as the bedrock for productive negotiations and will ultimately lead to settlement.”
Judge DiBlasi is the former presiding Justice of the Commercial Division of the Supreme Court of the State of New York. For four consecutive years, he was voted the #1 Mediator in the United States in the National Law Journal Annual Reader Rankings Survey and was voted the #1 Mediator by the 2018 Corporate Counsel Best of Survey. For the third year in a row, he was named a National Law Journal 2018 Alternative Dispute Resolution Champion, as part of a select group of only 46 nationwide. He was also voted, in 2017, one of the Top 10 Mediators in the New York Law Journal Reader Rankings Survey for the eighth straight year. Judge DiBlasi has arbitrated and mediated over 3,000 cases and his ADR practice centers on resolving Commercial, International, Finance, Employment, Entertainment, Land Use, and Professional Malpractice matters.
Honorable John P. DiBlasi’s is a highly-regarded NAM neutral and is available to arbitrate and mediate cases throughout the United States.
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Founded in 1992, NAM (National Arbitration and Mediation) is recognized for its superb customer service and exceptional panel of arbitrators and mediators. For the third year in a row, NAM was named the Best ADR Firm in the United States by the 2018 National Law Journal Annual Reader Rankings Survey and was also was voted the #1 National ADR Provider by the 2018 Corporate Counsel Best of Survey. Further, seven of NAM’s neutrals were named National Law Journal 2018 Alternative Dispute Resolution Champion as part of a select group of only 46 nationwide. The New York Law Journal Annual Reader Rankings Survey selected NAM as the No. 1 ADR firm for the past seven years. NAM was also voted a “Best Overall ADR Provider” in the 2018 Best of the Midwest and 2017 New Jersey Law Journal annual surveys.
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Click here to view the 2018 National Law Journal Reader Rankings Survey
Click here to view The National Law Journal 2018 Alternative Dispute Resolution Champions
Click here to view 2018 Corporate Counsel Best of Survey
Click here to view the 2017 New York Law Journal Reader Rankings Survey