November 13, 2017

New Commercial Division ADR Rule Changes

Important amendments to Rules 10 and 11 of the Rules of Practice of the Commercial Division of the New York Supreme Court go into effect on […]
October 24, 2017

CPLR Rule 3220 Update: Saul Reversed on Appeal

CPLR Rule 3220 Update: Saul Reversed on Appeal My prior blog discussed whether CPLR Rule 3220 was becoming a game changer on the recovery of legal […]
September 11, 2017

Mediation in Probate and Trust Matters

Mediation in Probate and Trust Matters:  A Far Better Approach As any lawyer who has handled probate and trust litigation knows, the emotional turmoil destroys families, […]
May 31, 2017

Mediation: Confidential …. or else

Mediation:  Confidential …. or else   The rule mandating confidentiality in mediation is stated differently in various statutes and Court rules, but they are uniform in […]
April 12, 2017

The Pre-Mediation Conference – Setting the Table

Pre-mediation conferences, usually conducted by telephone, are of critical importance in setting the tone and tenor of the mediation itself. They are often the first opportunity […]
February 23, 2017

Is CPLR Rule 3220 Becoming a Game Changer?

Last year, in Saul v. Cahan, 2016 NY Slip Op 50295(U) (Kings County 2016), Justice Demarest held that a party who makes an offer of judgment […]
January 13, 2017

Brackets — Not the March Type

The use of brackets in negotiating a settlement needs no explanation here. It is clearly an important tool in a mediator’s toolbox. But if and when […]
November 30, 2016

“It Ain’t Over ‘til It’s Over”

Yogi Berra had it right. There are cases in which, despite making substantial progress, a settlement is not achieved during the initial session. When that occurs, […]
September 23, 2016

Am I Better Off Arbitrating?

Much has been written about the advantages and disadvantages of arbitration when compared to litigation.  A more nuanced question is when will a party enhance its […]
June 23, 2016

Second Opinions, Done Right, Pay For Themselves

Second Opinions, Done Right, Pay For Themselves   Tell a friend that you are contemplating surgery, and the immediate inquiry would be whether  you had obtained […]