Publications

In most commercial and international arbitrations, arbitrators must be neutral and impartial. In other words, even if the arbitration agreement permits each side to select their arbitrator, those party-appointed arbitrators must still act impartially.

The arbitrator, upon his appointment, should issue a written directive in advance of the initial conference. This should set forth an agenda to be discussed. It should encourage counsel to engage in a collaborative process from the outset for the purpose of streamlining the proceedings.

The core of Chris Voss’ approach to negotiation in his book "Never Split the Difference: Negotiating As If Your Life Depended On It," is the use of what he terms tactical empathy. In brief, tactical empathy is a combination of true active listening, establishing connection, and framing the negotiation. As Voss writes, “Negotiation as you’ll learn it here, is nothing more than communication with results.”

I questioned whether attorneys would want to use this new technology? Admittedly, I considered myself somewhat technologically impaired, but what choice did I have? Surprisingly those early days went smoothly, and for the most part the transition was a smooth one, not only for myself, but for my fellow mediators, as well as the bar.

NAM's esteemed panel addressed vital points to be considered when mediating matrimonial matters and provided tips for maximizing the outcome when utilizing ADR for resolving issues that arise in divorce proceedings.

Landlord/tenant relationships were severely strained, if not ruptured, during the pandemic. Base rent was not paid; percentage rents evaporated as tenant businesses atrophied. In many cases, customary building services and amenities were not provided or needed. Now that economic activity is burgeoning again, and there are signs of economic revitalization in the air, we must turn to how to best restructure broken or frayed landlord/tenant relationships.

In the article, Judge Schweitzer takes an objective look the reopening of the courts, businesses, returning to the office and the increased use of digital conferenced arbitrations and mediations not only in the United States but worldwide.

The proponents of the new "Grieving Families Act" legislation argue that the bill should consider more than victim’s salary, but also the grief or anguish caused by the loss of life and expand categories of those entitled to recover for the loss of a loved one.

At a recent webinar, a discussion about the future of virtual ADR was front and center. ADR providers had the foresight to act immediately. Within a matter of two to four weeks the “service” side of our profession had tapped into the available technology.

On the day of the mediation, I wore a suit for the first time in ten months. The case was held in NAM’S Westchester office. We utilized a large conference room and kept the door open. In addition, each side was able to utilize their own breakout room. Of course, everyone wore a mask.