News & Analysis as of

Commercial Court Mediation

Farrell Fritz, P.C.

New Amendment to ComDiv Rule 3(a) Provides More Options to Litigants Seeking Alternative Dispute Resolution

Farrell Fritz, P.C. on

In recent years, the New York court system has endorsed alternative dispute resolution (“ADR”) as a way to increase efficiency in the court system, making ADR presumptive in most civil cases.  As a pioneer of efficiency, the...more

Farrell Fritz, P.C.

Mandatory Settlement? Close, But Not Quite.

Farrell Fritz, P.C. on

In December 2020, the New York Law Journal commented on the measures the New York State court system would enact to handle the recent $300 million budget cut.  These measures included “adopting a strict hiring freeze,...more

NAM (National Arbitration and Mediation)

CCBJ Interview: As Alternative Dispute Resolution Grows In Popularity, Experience Is A Key Differentiator

Interview with Honorable John P. DiBlasi, J.S.C. (Ret.) of NAM (National Arbitration and Mediation) as published in the Corporate Counsel Business Journal (CCBJ) - John DiBlasi is a highly sought-after mediator and...more

NAM (National Arbitration and Mediation)

Creative Mediation: Alleviating Commercial Division Congestion

As we settle in to the New Year, we find that Manhattan has several new Commercial Division justices to replace those that have retired, while retaining the benefit of two of its most respected recently retired Commercial...more

Pillsbury - Policyholder Pulse blog

New Jersey Superior Court Issues New Rules for Complex Business Litigation

Insurance coverage litigation can be lengthy and is usually complex, and these characteristics are only exacerbated by the need to comply with often arcane state law rules of procedure. New Jersey, long a hotbed of insurance...more

Farrell Fritz, P.C.

Commercial Division Rules May Be Coming to a Non-Commercial Court Near You

Farrell Fritz, P.C. on

For those civil practitioners who don’t regularly practice in the Commercial Division – beware. The Unified Court System’s Advisory Committee on Civil Practice (the “Committee”) has proposed that nine (9) Commercial Division...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Rule Revisions Continue to Promote Efficiency in Complex Cases

In an effort to streamline litigation in the Commercial Division, the Commercial Division Advisory Council has continued with its revisions to the Commercial Division Rules by recently implementing one new rule encouraging...more

Farrell Fritz, P.C.

Proposed Amendment to Commercial Division Rules Aims to Make Mediation More Effective

Farrell Fritz, P.C. on

Commercial Division litigators often hope that mediation will lead to a negotiated settlement, but their expectation – based on their prior experience – is that it will not. In this sense, mediation seems to have...more

NAM (National Arbitration and Mediation)

Creative Solutions In The Commercial Mediation Process

Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions...more

NAM (National Arbitration and Mediation)

There's A New Rule In Town - What Will You Do About It?

As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more

Farrell Fritz, P.C.

To ADR or Not to ADR? Two New Amendments to the Commercial Division Rules Require Parties to Answer the Question

Farrell Fritz, P.C. on

Two recent amendments to the Commercial Division Rules, designed to encourage alternative dispute resolution, will go into effect on January 1, 2018. The amendment to Rule 10 requires counsel to certify that they have...more

Patterson Belknap Webb & Tyler LLP

New Commercial Division ADR Rule

On October 11, 2017, Chief Administrative Judge Lawrence Marks amended Rules 10 and 11 of Section 202.70(g) (“Rules of Practice for the Commercial Division”) with respect to Alternative Dispute Resolution (“ADR”)....more

Goodwin

Major Changes to the Commercial Division Rules and What They Mean for New York Litigants

Goodwin on

For a long time, practice in New York’s Commercial Division was a double-edged sword. Stacked with the state’s most sophisticated judges, a tilt towards aggressive case management practices, and an inclination towards...more

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