NAM (National Arbitration and Mediation)

After 21 years as a private practitioner/litigator and eight runs for public office (five of which were for judicial office), I was finally elected to the Supreme Court of the State of New York on my ninth try in 1998. For the…more

Career Development, Dispute Resolution, Judges, Mediation, Mediators

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Hon. Elizabeth Bonina (Ret.)

The Power Of Technology And Its Role In The Alternative Dispute Resolution Arena

As a former Justice of the Supreme Court, I have seen first-hand how technology has impacted legal proceedings within the courtroom. From technology-based evidence presentations and electronic submissions, to “day in the life”…more

Arbitration, Best Practices, Dispute Resolution, E-Signatures, Electronic Filing

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James Borkowski

Elevating Your ADR Game – “Useful Insights And Perspectives – Mastering Mediation: 50 Essential Tools For The Advanced Practitioner”

This article is the third in a series of discussions based upon books written by experts in the field of negotiation tactics and conflict resolution. These works are by authors who bring a unique perspective about the mediation…more

Arbitration, Arbitrators, Dispute Resolution, Mediation, Mediators

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Richard Byrne

[Webinar] Inside the Mind of A Mediator: Avoiding Impasse and Maximizing Outcomes in Mediation - June 6th, 5:30 pm - 6:30 pm EDT

Although mediation resolves most disputes, some mediations end in impasse. Such disappointments can usually be avoided, and positive resolutions achieved, when advocates are armed with knowledge of common mediation pitfalls and…more

Continuing Legal Education, Dispute Resolution, Mediation, Mediators, Settlement Negotiations

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Hon. John DiBlasi (Ret.)

[Webinar] Inside the Mind of A Mediator: Avoiding Impasse and Maximizing Outcomes in Mediation - June 6th, 5:30 pm - 6:30 pm EDT

Continuing Legal Education, Dispute Resolution, Mediation, Mediators, Settlement Negotiations

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Michael Emerson

Resolving Financial Disputes Through Mediation: A Case Study from the Perspective of In-House Counsel

Imagine you work as “in-house” counsel at an investment bank. Your principal role is to advise your clients (typically sales personnel, product structurers and traders) about the various legal, regulatory and compliance risks…more

Complex Financial Products, Corporate Counsel, Financial Transactions, Investment Banks, Investment Disputes

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Rhonda Epstein

CCBJ Interview With Rhonda L. Epstein, Esq. | In The Age Of Coronavirus, ADR Is More In-demand Than Ever

Rhonda L. Epstein, Esq. is a neutral with NAM (National Arbitration and Mediation) and a longtime proponent of alternative dispute resolution. She's also a seasoned litigator with an extensive background in employment law and…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Employment Litigation

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Paul Gupta

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an…more

Arbitral Authority, Arbitration, Arbitration Agreements, Arbitrator Selection Disputes, Arbitrators

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Susan Hernandez

[Webinar] Inside the Mind of a Mediator – Avoiding Impasse and Maximizing Outcomes in Mediation - November 17th, 6:00 pm ET

Join Ms. Hernandez and learn how appropriate preparation, smart brief-craft, and thoughtful strategies during the mediation session — focused on the purpose, logistics and goals for the session — can not only reduce the…more

Continuing Legal Education, Dispute Resolution, Mediation, Mediators, Settlement Negotiations

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Hon. John Ingram (Ret.)

Interview With Hon. John G. Ingram (Ret.) | Maritime Matters At The Forefront Of Alternative Dispute Resolution

CCBJ: You're one of the very few judges in the nation who has been a proctor member of the Maritime Law Association of the United States. Please tell us about your 30-plus year career as an admiralty lawyer, including your…more

Arbitration, Dispute Resolution, Federal Admiralty Law, Mediation, Virtual Litigation

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Howard Kaplan

The Post-COVID World Of Litigation – A Personal Observation

Perhaps now is a good time to address our world after the end of Covid. What have we learned over the course of 2020? Can cases be effectively handled without the ready availability of the courts? Does technology work? We can…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Mediation

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Hon. Michael Kavanagh (Ret.)

ADR as a Practical Alternative to Litigation

The traditional approach to resolving legal disagreements through courtroom litigation often proves to be lengthy, costly, and stressful for everyone involved. As a result, many practitioners are now utilizing alternative…more

Conflict Resolution, Dispute Resolution, Mediation, Mediators, Settlement Agreements

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Peter Mastaglio

Mediation In The Current World Of Covid-19

It goes without saying that all aspects of our lives are affected by the dangers and restrictions imposed by the current COVID-19 pandemic. On the professional side, for those who practice civil and commercial litigation,…more

Coronavirus/COVID-19, Court Closures, Court Schedules, Litigation Strategies, Mediation

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Hon. Daniel Palmieri (Ret.)

The Proposed “Grieving Families Act” And The Right To Recover Damages

In the 2020 session, the New York Legislature considered changes in what has come to be known as the “Grieving Families Act.” This evolving tort law with respect to a bystander's right to recover for emotional damages sustained…more

Bodily Injury, Bystander, Emotional Distress Damages, Intentional Infliction of Emotional Distress, Negligence

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Michael Rossi

Preparation: The Key To A Successful Arbitration Or Mediation – A Neutral’s Perspective

Without question, proper preparation, whether for an arbitration or mediation, is not just necessary – but vital to a successful resolution for your client. ARBITRATION: JUST THE FACTS - When preparing an arbitration…more

Arbitration, Arbitrators, Best Practices, Defense Strategies, Dispute Resolution

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William Savino

Looking F O R W A R D: The ADR Option To Resolve Commercial Insurance Coverage Disputes

New York residents have been asked to “P A U S E.” Across the Nation there is an all-out effort to “Slow the Roll.” Our scientist-leaders have implored us to “social distance.” The historic and courageous acts of healthcare…more

Arbitration, Commercial Insurance Policies, Coronavirus/COVID-19, Dispute Resolution, Insurance Litigation

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Hon. Larry Schachner (Ret.)

Your Mediation Didn’t Resolve. What’s Next?

As a mediator, I enter every mediation believing that by the end of the session, I will have helped the parties come together and reach a settlement. An optimist by nature – I'm a lifelong New York Jets and New York Knicks fan,…more

Dispute Resolution, Mediation, Mediators, Settlement Agreements, Settlement Negotiations

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Hon. Alan Scheinkman (Ret.)

[Webinar] The Importance of Legal Ethics and the Mediation Process - September 10th, 1:00 pm ET

The use of Alternative Dispute Resolution, particularly in the area of mediation, has grown dramatically in the past ten years. However, it is a process with which many counsel are unfamiliar. Judge Scheinkman will discuss the…more

Continuing Legal Education, Dispute Resolution, Good Faith, Legal Ethics, Mediation

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Larry Schiffer

Your Side, Your Story – the Advantage of Being Heard at Mediation

One of the key advantages of mediation is the ability to be heard by a neutral party genuinely interested in the facts and arguments giving rise to the dispute. Allowing the parties to tell their story to someone who is…more

Dispute Resolution, Email, Insurance Industry, Mediation, Mediators

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Jeffrey Schwab

Mediation: Avoiding The "S" Word In IP Litigation

The vast majority of even the most hard-fought litigations are resolved through an agreement between the parties. Mediation not only plays a significant role in facilitating settlement, it expands the times when it should be…more

Confidential Information, Discovery, Intellectual Property Protection, Litigation Strategies, Mediation

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Hon. Melvin Schweitzer (Ret.)

Virtual ADR: Life After Lockdown

With vaccinations on the rise—and our spirits with them– there is increasing talk of returning to the office, probably after Labor Day, to resume a somewhat normal work schedule, including renewed person-to-person contact with…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Ethics

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Jacqueline Silvey

CCBJ Interview With Jacqueline Silvey, Esq. | COVID-19 Reveals Inherent Advantages Of ADR

Jacqueline Silvey, general counsel with NAM (National Arbitration and Mediation), 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…more

Arbitration, Arbitrators, Coronavirus/COVID-19, Dispute Resolution, Mediation

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Hon. Peter Skelos (Ret.)

Resolving Trust and Estate Disputes Utilizing Virtual ADR

The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - Contested matters in the Surrogate's Courts of New York are part of the trend of increasing litigation in our society. They are no less burdened…more

Arbitration, Contested Proceedings, Coronavirus/COVID-19, Dispute Resolution, Mediation

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Hon. Marsha Steinhardt (Ret.)

MedMal Disputes – Negotiating a Settlement is Still the Best Method of Resolution

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. Because on Tuesday, March 17, 2020, while still serving as a Justice of the…more

Coronavirus/COVID-19, Dispute Resolution, Judges, Mediation, Mediators

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Steven Tannenbaum

The Mediation Of Catastrophic Injury Medical Malpractice Cases

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines)…more

Catastrophic Impairment, Defense Strategies, Dispute Resolution, Litigation Strategies, Mediation

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Hon. Ira Warshawsky (Ret.)

The Neutral Facilitator - The Solution For Equitable and Fair Resolutions During Troubling Times

What Day is it? Is it Tuesday? No, It's Sunday. How was I able to solve this conundrum? A question many of us have asked ourselves when all structure seems to have gone out of our lives in the last few weeks, so we…more

Business Closures, Business Litigation, Business Partners, Commercial Leases, Commercial Tenants

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Bob Worden

Is Mediation Conducted Through Videoconferencing Better?

Time for some good news: We already know that we can hold effective mediations online, but dare we say that videoconferencing may actually be better than in-person hearings? …more

Coronavirus/COVID-19, Dispute Resolution, Litigation Fees & Costs, Litigation Strategies, Mediation

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NAM (National Arbitration and Mediation)

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