Raising an allegation that a party has not participated in the mediation process in good faith has historically been a sensitive hot-button issue for mediators, parties, and even the courts. In fact, even on occasions where...more
Although federal courts in the US generally give deference to arbitration agreements, consistent with the mandate of the Federal Arbitration Act (FAA), bankruptcy courts often utilise an exception contained in the FAA and...more
As mediators, we encounter a lot of reasons why people choose not to settle a matter. One that we hear from time to time is that it is the principle of the matter that is the impediment to negotiation. A party cannot or will...more
On March 17, 2020, in response to COVID-19, Chief Judge Janet DiFiore closed all New York State Courts for nonessential services, which effectively shut down the majority of cases pending before the courts and prevented the...more
Companies distracted by the challenges of running their businesses during the Coronavirus pandemic may fall into dangerous and costly pitfalls while trying to maintain a safe and healthy environment for their employees. Don't...more