Don’t Get on the Train Unless You Know Where It’s Headed
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
The Crucial Prologue: Telling Your Story in the Pre-Mediation Statement
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
The Importance of Simplicity (Part 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
The Importance of Simplicity (Part 1)
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
Don’t Let Your Social Media Posts Become a Liability
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
Where You Would Least Expect to See Your Emails & Texts: In Court!
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
Why Attend Mediation?
“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.
It’s Not Over Until…the First Juror’s Sworn? (Part 2)
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
It’s Not Over Until…the First Juror’s Sworn? (Part 1)
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
Can I Recover my Attorney’s Fees if I Win? Part 2
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
Can I Recover My Attorney’s Fees if I Win? Part 1
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
Parties in Dispute: Their Wants vs. Interests and Needs
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
