The “New Normal.” Are we there yet? No. But, most assuredly, we are heading there. Like all life and business in America and New York, our courts and practice of law will likely never be the same. And, while it is sometimes hard to focus on the things we have
By Bart J. Eagle and Adam J. Halper Introduction Anyone who regularly practices in state or federal court knows that money figures prominently in how cases are resolved. Often, parties with legitimate claims or defenses have to decide whether it is worthwhile to continue with their arguments given the cost
What does that mean for people who look to the courts to resolve disputes? The answer to that question is constantly evolving. What follows is a snapshot of how things stand today, the day this article is published. Now, electronic filing is permitted on non-essential matters, courts are conducting conferences
Given the seismic disruption to our lives that this pandemic has caused, Zoom mediations provide an excellent opportunity to settle a dispute now, which would also have the virtue of limiting (or ending) the expenses and fees that parties will have to pay if a dispute goes on to, or
These are just some of the considerations in deciding where you should start a lawsuit. Be sure to consider carefully with your attorney where you should be before you file the summons and complaint.
“Discovery” is a word that frightens many litigants — what it means, the cost, and the time commitment that it will entail. The part of discovery that many litigants are most concerned about are “depositions” — being questioned by your adversary’s attorneys and challenged under oath. I
Does mediation take time, and can it cost money? Sure. But the amount of time invested by the parties, and the costs, pale significantly in comparison to the time and money that would be expended as the lawsuit moves forward. The potential benefits of meditation are enormous and, in most
“What’s taking so long?” This is a common question asked by clients as a lawsuit goes on and on, oftentimes for year after year.
Sometimes, the passage of time cannot be helped; neither the parties, the lawyers, nor the courts, acting independently, can make a case move faster.
An effective mediator can go a long way to help parties resolve, or, at the very least, narrow the issues in a dispute. An ineffective mediator can accomplish little other than wasting the parties’ time and money. Mediation is an opportunity to arrive at a settlement reasonably acceptable to you
Presumptive ADR, which in many cases will mean mediation, will bring a sea change in the way cases are litigated in New York State. On May 14, 2019, New York State Chief Judge Janet DiFiore announced “a transformational move to advance the delivery and quality of civil justice in New
Now that mediation is being used more and more frequently, as discussed recently in this article, what should a party’s goals be in the mediation and how can they achieve them?
With increasing frequency, mediation is not a choice that can be made by a party in a lawsuit or transaction; the courts are requiring parties to go to mediation.
But before a strategy is created, it is imperative to understand the procedural steps along the way that are required by the courts, and may be required by your adversary.
Co-authored with colleague Adam J. Halper, I am pleased to share this article written for New York Dispute Resolution Lawyer. Originally printed: NYSBA New York Dispute Resolution Lawyer | Fall 2018 | Vol. 11 | No. 2.
Clients hire attorneys to provide services and render advice. Clients want, and should demand, that those services and the advice rendered should include helping the client give the best presentation that she can. By keeping it simple — remembering that less can be more — clients can best tell their
The facts underlying many disputes can be very simple. Others may be more complicated. In either case, when preparing a pleading, motion papers, or testimony for a court proceeding, the goal for the attorney and the client should be to tell a straightforward and compelling story, as simply as possible.
Just as text messaging and email have allowed us to communicate with each other in real time, social media has allowed us to interact with people we don’t really know; or know at all.
As most of us have become very adept at using email, text, and social media, our lives have sped up. It has become possible for us to instantly connect with one another, feasible to complete transactions with a swipe or a click, and easier to gain knowledge about anything —
“Should I attend a mediation? What is my role?” The answer to the first question is simple. Parties in most instances must attend a mediation. Court rules and mediation providers often require it, and it is certainly a best practice. Most mediators would not go forward without the parties in
The persistent mediator will periodically check back in with the attorneys to learn what has occurred and to see if the new realities, or even just the passage of time, might result in the parties being able to pick up where they left off and try to overcome the seemingly
We know when a mediation begins. The better, and often more challenging questions are: when has it ended and was it successful? If at the end of one or more agreed-upon sessions the parties settle all of the issues in the dispute, the answer is an easy one—perhaps.
I discuss the law concerning the awarding of attorney’s fees to prevailing parties in litigation, some of the practical effects of allowing or not allowing an award of attorney’s fees, and the application of fee shifting provisions in certain commercial agreements. In this article, I explore considerations as to whether
When served with a lawsuit that one thinks has no merit, or when forced to start one to protect one’s rights or recover property that is due them, one of the first questions that is asked is, “Am I entitled to recover my attorney’s fees if I win?”
In a mediation, after learning the basic facts and issues in dispute, the mediator will work to identify each party’s interests and needs; this is different than a party’s “wants.” If a party has not already focused on her interests and needs, the mediator will help her do so. In
Employees are only entitled to severance if provided for in an employment contract.
Severance, where provided for in a contract, can, especially with senior-level executives, be for quite a large amount of money. If there are severance provisions, typically there will be contractual definitions of termination for “cause”; in those
New York is an at-will state. If the employee does not have a contract entitling her to continued employment for a period of time and/or setting forth grounds necessary for termination, and if no discrimination is involved and the law is not otherwise violated, an employer can discharge an employee
The parties have been at it for a while, without coming to an agreement. When is the mediation “over”? In any mediation, the parties and the mediator may view the give and take differently. From the parties’ standpoint, they may think it’s over as soon as they receive the first
Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In the world we live in, we make agreements with other people, with companies, and with other businesses. Sometimes they’re formal and in writing, but other times (in the real world), they are not. Can
I described a pilot mediation program launched that month by the Commercial Division of New York County Supreme Court to supplement its existing mediation program. That pilot program ended in late January of 2016; however, the Commercial Division has now launched a new pilot mediation program, as well as an
When going forward in mediation, quite often the parties have the opportunity, at least in the first instance, of choosing the mediator. This raises some questions: What type of mediator are they looking for? What skills should the mediator have to best enable him or her to help the parties
The “New Normal.” Are we there yet? No. But, most assuredly, we are heading there. Like
By Bart J. Eagle and Adam J. Halper Introduction Anyone who regularly practices in state or
What does that mean for people who look to the courts to resolve disputes? The answer
Given the seismic disruption to our lives that this pandemic has caused, Zoom mediations provide an
These are just some of the considerations in deciding where you should start a lawsuit. Be
“Discovery” is a word that frightens many litigants — what it means, the cost, and the
Does mediation take time, and can it cost money? Sure. But the amount of time invested
“What’s taking so long?” This is a common question asked by clients as a lawsuit goes
An effective mediator can go a long way to help parties resolve, or, at the very
Presumptive ADR, which in many cases will mean mediation, will bring a sea change in the
Now that mediation is being used more and more frequently, as discussed recently in this article,
With increasing frequency, mediation is not a choice that can be made by a party in
But before a strategy is created, it is imperative to understand the procedural steps along the
Co-authored with colleague Adam J. Halper, I am pleased to share this article written for New
Clients hire attorneys to provide services and render advice. Clients want, and should demand, that those
The facts underlying many disputes can be very simple. Others may be more complicated. In either
Just as text messaging and email have allowed us to communicate with each other in real
As most of us have become very adept at using email, text, and social media, our
“Should I attend a mediation? What is my role?” The answer to the first question is
The persistent mediator will periodically check back in with the attorneys to learn what has occurred
We know when a mediation begins. The better, and often more challenging questions are: when has
I discuss the law concerning the awarding of attorney’s fees to prevailing parties in litigation, some
When served with a lawsuit that one thinks has no merit, or when forced to start
In a mediation, after learning the basic facts and issues in dispute, the mediator will work
Employees are only entitled to severance if provided for in an employment contract.
Severance, where provided
New York is an at-will state. If the employee does not have a contract entitling her
The parties have been at it for a while, without coming to an agreement. When is
Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In
I described a pilot mediation program launched that month by the Commercial Division of New York
When going forward in mediation, quite often the parties have the opportunity, at least in the
Bart J. Eagle provides Mediation and Arbitration services to clients in New York and now offers virtual mediation conducted over Zoom and other video and teleconferencing platforms.
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