May 31, 2017
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
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
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
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
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
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 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 Under the American Rule, each party bears its own legal fees in a commercial litigation […]
April 21, 2016
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
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 […]