July 17, 2018

The EDNY ADR Numbers Tell the Story

Some interesting statistics from the latest ADR Report from the United States District Court for the Eastern District of New York:  Sixty four percent of the […]
May 2, 2018

Important Developments on the Class Action Front in New York State Court Counts

Two recent decisions, Cyan, Inc. v. Beaver County Employees Retirement Fund, 583 U.S. __ (2018), and Desrosiers v. Perry Ellis Menswear, LLC, 2017 NY Slip Op […]
February 15, 2018

Pre-litigation Mediation Clauses – Proper Drafting is Paramount

As mediation has become more accepted, and its benefits apparent, commercial parties are well advised to consider inserting pre-litigation dispute resolution clauses into their contracts.  Properly […]
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 […]