News and Insights

Where — Exactly — Do I File My Lawsuit?

I’ve been harmed: An employee left my company and took with him proprietary information; my employer owes me past wages or severance, or has discriminated against me; I’ve been hit by a car; my husband or wife and I have … Continue reading

Exploring Depositions Within Discovery

“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 … Continue reading

Litigation: What’s Taking So Long? (Part 2)

A few years ago, a former president of the New York City Bar Association created the President’s Committee for Efficient Resolution of Disputes to address a concern that we all know to exist: that civil litigation often costs too much … Continue reading

Litigation: What’s Taking So Long? (Part 1)

“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, … Continue reading

Finding the Right Mediator

You’re about to go to mediation; either a court has sent you there, a clause in a contract requires you to go, or you simply have a dispute with another party and you both choose — wisely, I think — … Continue reading

Presumptive Alternative Dispute Resolution

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 York as part of [her] Excellence Initiative.”  Presumptive Alternative Dispute Resolution (Presumptive ADR) mandates … Continue reading

Is It Possible To Achieve A Successful Outcome In Mediation?

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?

Mediation: A Growing Presence in the Courtroom and Business

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, whether they want to do so or not. Additionally, many courts … Continue reading

Don’t Get on the Train Unless You Know Where It’s Headed

Let’s suppose that you have received a claim or demand letter. Perhaps even worse, suppose you’ve been served with a summons and complaint. On the other hand, suppose that you have a claim against someone that you have not been … Continue reading

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. Click here to read the full article. Originally printed: NYSBA New York Dispute Resolution Lawyer | Fall 2018 | Vol. … Continue reading