Publications

There are additional provisions that seem to be particularly useful when defending against tenant loss claims, ones in which the tenant is claiming that either the manager made promises that were broken or the tenant had certain expectations concerning the condition of the facility when they rented their unit.

A year ago, on Tuesday, March 17th while serving as a Justice of the Supreme Court, Kings County, I, along with all my colleagues, was the recipient of an alarming email – “all Judges are directed to remain at home until further notice.”

Counsel should make sure the arbitrator candidates have sufficient information about the parties, affiliates, party-representatives, known witnesses, entities that are controlling the claim and the arbitration, but who are not “parties,” the subject matter of the arbitration, and any other information relevant to the arbitrators’ consideration on whether to accept an appointment as an arbitrator or umpire.

In court-annexed mediation, the parties are directed by the court or by court rule to mediation whether they like it or not. Compulsory mediation is not the best way to put the parties in a position to settle, but in many court systems, it is the reality. But guess what? We mediators settle a good percentage of these cases in spite of the compulsory nature of the proceeding.

The starting point of any dispute resolution process must always be understanding the bases for the controversy, that is, what brings the parties before us. What are the perceived liabilities and responsibilities of each of the parties and what are the possible arguments supporting or detracting from each party’s approach to the dispute?

Jacqueline Silvey, general counsel with NAM discusses the changes she’s seen in alternative dispute resolution over the years, the current state of the industry, and where she sees it going post-pandemic.

Mr. Byrne draws upon his many years of experience as a litigator and neutral and addresses how Mediation should be considered when resolving construction defect disputes as an "alternative route" to expensive and often time consuming litigation.

Our world has forever been changed. We have witnessed an advance in remote technology at an unprecedented pace. Web platforms such as Zoom have supplanted the need to get into a car and drive to a courthouse or a brick-and-mortar facility to conduct proceedings.

The Honorable David B. Saxe (Ret.), discusses the ways that his experience as a judge and a lawyer inform his ability as a neutral; the advantages of alternative dispute resolution versus litigation; and the role of mediation and arbitration during the pandemic and beyond.

The possibility of an eventual arbitration may very well motivate the parties to successfully reach a settlement at the mediation stage. The central advantages of Med-Arb are the certainty of a defined outcome, greater efficiency in terms of time and money, and greater flexibility concerning process and timeline.