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
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.
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.
“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.
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
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
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
You’ve been sent to mediation. What’s next? You’re going to mediation; you asked or agreed to go, or a judge sent you. It shouldn’t matter. Embrace the opportunity! This is a “no risk” opportunity to settle your dispute, early on, before investing significantly more time and resources, and to do
In mediation, there is no formal process of discovery. And, if already in litigation, the parties may be sent to mediation before they have completed – or even begun – discovery. So what if a party feels they do not have the needed information to properly evaluate a settlement proposal,
In mediation, there is no formal process of discovery. And, if already in litigation, the parties may be sent to mediation before they have completed – or even begun – discovery. So what if a party feels they do not have the needed information to properly evaluate a settlement proposal,
Clients often ask whether or not they must go to court. As in many areas, there is a simple answer and a not-so-simple answer. The simple answer is: if you were named as a defendant in a case and were served with the complaint, you must go to court. If
Very often, individuals and companies are presented with documents that they are required to sign in order to obtain a service, purchase goods or engage in a transaction. Unfortunately, these contracts can be lengthy, written in small print, and/or written in “legalese.”
It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to include an arbitration clause in an agreement. It is quite another thing when parties, even those engaged in commercial enterprises but of relatively unequal bargaining positions, agree, or are forced to agree, to an arbitration clause.
Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation. Arbitration is very different than traditional litigation in court, and the process has various advantages and disadvantages. A party can only be required to submit a dispute to arbitration if all of the parties
How can small and mid-sized businesses secure high-caliber legal advice? Large companies often have a general counsel on staff who is paid a salary and receives benefits to provide legal advice to the company. The general counsel may perform some legal services themselves and may also retain outside counsel, whom
For those living vertically in the city, there are many benefits – snow removal, maintenance, having someone to accept packages, and the proximity to great restaurants, theater, museums and music. These nuisances and quality-of-life complaints – the bane of any board member’s existence – are very real and often wind
Mediation is an alternative dispute resolution (ADR) process in which adversarial parties engage in a negotiation with the goal of trying to arrive at a settlement acceptable to both sides. Mediation, at its most simplified, is a facilitated negotiation with a trained neutral mediator, who helps the parties identify and
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
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
Co-authored with colleague Adam J. Halper, I am pleased to share this article written for New
“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
In a mediation, after learning the basic facts and issues in dispute, the mediator will work
The parties have been at it for a while, without coming to an agreement. When is
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
You’ve been sent to mediation. What’s next? You’re going to mediation; you asked or agreed to
In mediation, there is no formal process of discovery. And, if already in litigation, the parties
In mediation, there is no formal process of discovery. And, if already in litigation, the parties
Clients often ask whether or not they must go to court. As in many areas, there
Very often, individuals and companies are presented with documents that they are required to sign in
It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to include an
Arbitration is a form of alternative dispute resolution that can take the place of traditional litigation.
How can small and mid-sized businesses secure high-caliber legal advice? Large companies often have a general
For those living vertically in the city, there are many benefits – snow removal, maintenance, having
Mediation is an alternative dispute resolution (ADR) process in which adversarial parties engage in a negotiation
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.
Bart J. EagleRated by Super Lawyers
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