Category Archives: Blog

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. Court rules and mediation providers often require it, and it is certainly a best … Continue reading

It’s Not Over Until…the First Juror’s Sworn? (Part 2)

{3:00 to read} In my previous article, I discussed whether a mediation, which did not result in a settlement after the initial sessions, has ended. In this continuation, I will explore what can happen after the parties have arrived at … Continue reading

It’s Not Over Until…the First Juror’s Sworn? (Part 1)

{3:00 to read} 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 … Continue reading

Can I Recover my Attorney’s Fees if I Win? Part 2

{3:30 to read} In my previous article, I discussed the law concerning the awarding of attorney’s fees to prevailing parties in litigation, some of the practical effects of allowing or not allowing an award of attorney’s fees, and the application of … Continue reading

Can I Recover My Attorney’s Fees if I Win? Part 1

{4:00 minutes to read} 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 is due them, one of the first questions that is asked … Continue reading

Parties in Dispute: Their Wants vs. Interests and Needs

{4:15 minutes to read} 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 … Continue reading

Is the Discharged Employee Entitled to Severance?

{4:15 minutes to read}  In my last article, we discussed termination of an employee and the implications affecting both parties—employer and employee. This article continues the employee-termination discussion in regards to severance. Employees are only entitled to severance if provided … Continue reading

It’s Over: Ending the Employer-Employee Relationship in New York State

{3:10 minutes to read} The termination of an employee oftentimes presents the same questions to an employer, when considering the termination, and to an employee, when confronted with it. These questions are both legal and practical.

Divergent Perspectives Converge in Mediation

  {3:40 minutes to read} 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 … Continue reading

Does an Agreement Have to be in Writing to be Enforceable?

{5:45 minutes to read} Must your agreement be in writing to be enforceable? The answer is: Yes. Or no. In the world we live in, we make agreements with other people, with companies, and with other businesses. Sometimes they’re formal and … Continue reading