Category Archives: Blog

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 →

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

Posted on January 31, 2018 by Bart Eagle

{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

Posted on December 14, 2017 by Bart Eagle

{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

Posted on December 12, 2017 by Bart Eagle

{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

Posted on November 7, 2017 by Bart Eagle

{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?

Posted on October 17, 2017 by Bart Eagle

{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

Posted on October 12, 2017 by Bart Eagle

{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

Posted on September 6, 2017 by Bart Eagle

  {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 →