Publications

The reality is that now in most jurisdictions, it is almost impossible for litigants to have their day in court, impaneling a jury is out of question, the processing of routine legal matters has taken a dramatic hit and the backlog of cases awaiting trial on most court calendars has grown exponentially.

One of my favorite expressions tells us, “It doesn’t have to be bad to be stressful.”  Think wedding, communion, bar mitzvah or any other event commemorating something special.  Ultimately, the “big day” is concluded, and the stress dissipates.  A deep sigh of relief replaces the butterflies, and normalcy and routine return.  The opposite side of […]

Having a neutral with industry expertise reduces and often eliminates the learning curve, allowing counsel to focus on the substance of the dispute without having to provide an industry 101 tutorial or cheat sheet.

Someone told me, long ago, that the days go slowly, and the years fly by.  No statement can be more accurate when referring to the past four years. 

What are the best approaches to Labor Law mediations? How do we increase our chances of success? How do we respond to and hopefully move past impasses? One of the many characteristics of mediation is that parties have greater control over when and how they will proceed with the mediation process.

Anyone who has handled a Labor Law case knows that they are extraordinarily different than your garden variety negligence claims.

At first blush one may think that the role of a judge engaged in the process of mediating settlements is basically the same as that of a neutral. There are indeed some similarities. However, now that I am on the other side of the bench, I have learned that in fact, there are significant differences that practitioners should keep in mind when comparing private alternative dispute resolution and mediation in the court.

A mediation session that is initially unsuccessful is an excellent starting point for a second mediation with both sides now being more realistic in their positions. It gives each side the opportunity to step back, take a deep breath, and reevaluate their respective positions with the assistance of the mediator.

Theodore Roosevelt packed several lifetimes into a single life: North Dakota Badlands cowboy, boxer, hunter, Rough Rider, Police Commissioner, New York politician, and United States President. And what’s more, he was a skillful negotiator.

Mediations in sexual abuse cases are different from “garden variety” personal injury claims for a number of reasons. First, it is important to recognize that there is an emotional component, and that it may be difficult for a plaintiff-survivor to discuss the facts of the case.