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, […]
April 8, 2016

The Impact of fee shifting provisions upon the mediation and settlement of commercial ligation and contract disputes.

Under the English Rule, the prevailing party is entitled to recover its legal fees from its adversary. In contrast, under the American Rule, each party generally […]