The Legal Intelligencer | Commentary
By Abraham J. Gafni | August 14, 2023
Section 12 requires that "notice of a motion to vacate, modify, or correct an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered." Courts have generally been quite strict in holding that such notices be filed within the three-month period.
Daily Report Online | Commentary|Expert Opinion
By Joe Murphey | August 10, 2023
There's a lot written about how to prepare for mediation, but much of that centers on what to do. The focus over these next few paragraphs will be what to prepare not to do at mediation—issues and tactics to leave out of your backpack when you hit the mediation trail.
By Adolfo Pesquera | August 9, 2023
"Because we have no evidence as to the exact interest, the appellants have not proved such a duty exists," Chief Justice Tracy Christopher said.
New York Law Journal | Analysis
By Leslie A. Berkoff | August 7, 2023
Alternative dispute resolution has many advantages over traditional litigation, including reduced costs, expedited timelines and streamlined processes.…
New York Law Journal | Analysis
By John M. Delehanty | August 7, 2023
The joint session is the only phase of the mediation in which the parties meet face to face and present their respective positions. In fact, this event may be the only time prior to trial when the parties have an opportunity to meet and address each other in person, rather than being walled off from each other through the thicket of litigation filings.
By Charles Toutant | August 3, 2023
"Upon information and belief, Shay refers his bankruptcy clients, like claimants, to Swigart because recently discharged debtors are more inclined to file frivolous litigation for potentially quick settlements," the suit said.
By Greg Derin | July 31, 2023
Mediators often find parties paralyzed by indecision as they confront what appears to be a blizzard of issues, facts, and choices, according to Greg Derin, a mediator and arbitrator at Signature Resolution.
Daily Report Online | Commentary|Expert Opinion
By John Amabile and Eric Cottrell | July 27, 2023
The court's ruling in Coinbase v. Bielski makes arbitration that much more attractive to large companies and many other businesses. They and their lawyers can view the decision as another tool to pause or avoid class actions and other types of expensive litigation in favor of arbitration.
The Legal Intelligencer | News
By Aleeza Furman | July 26, 2023
"The decision ignores decades of established jurisprudence and undermines arbitration as a reliable alternative dispute resolution mechanism," Dentons shareholder Chad Wissinger, representing MDS, said.
By Halim Dhanidina | July 26, 2023
"One wonders whether the well-intentioned new law ensnares mediators without any clear purpose," writes Retired Associate Justice Halim Dhanidina of California's Second District Court of Appeal, who is now a neutral for Signature Resolution.
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