News and Insights

Presumptive Alternative Dispute Resolution

Posted on August 19, 2019 by Bart Eagle

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?

Posted on May 16, 2019 by Bart Eagle

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

Posted on April 8, 2019 by Bart Eagle

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

Posted on December 12, 2018 by Bart Eagle

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

Posted on October 23, 2018 by Bart Eagle

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)

Posted on September 13, 2018 by Bart Eagle

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)

Posted on September 5, 2018 by Bart Eagle

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!

Posted on May 16, 2018 by Bart Eagle

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 →

Why Attend Mediation?

Posted on March 20, 2018 by Bart Eagle

  “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)

Posted on February 7, 2018 by Bart Eagle

{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 →