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 […]
June 7, 2016

Recovery of Legal Fees – Exceptions to the Rule: Part II

Recovery of Legal Fees – Exceptions to the Rule: Part II Under the American Rule, each party bears its own legal fees in a commercial litigation […]
April 21, 2016

Recovery of Legal Fees – Exceptions to the Rule: Part I

Under the American Rule, each party bears its own legal fees in a commercial litigation absent some contractual or statutory provision to the contrary. In short, […]