News and Insights

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

The Importance of Simplicity (Part 2)

In my previous article, I began discussing the importance of simplicity, in the service of clarity, in the presentation of facts and arguments. I asked the questions: –Why do we so often load up our papers and testimony with unnecessary … Continue reading

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 for a court proceeding, the goal for the attorney and the client should be to … Continue reading

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 us to instantly connect with one another, feasible to complete transactions with a swipe or … Continue reading