Tag Archives: mediation

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 →

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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?

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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 →

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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 →

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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 →

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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 →

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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 →

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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 →

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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 →

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Mediation: An Attractive Alternative in the Commercial & Non-Commercial Division

Posted on June 22, 2017 by Bart Eagle

{3:50 minutes to read} In one of my previous articles from June 2015,  I described a pilot mediation program launched that month by the Commercial Division of New York County Supreme Court to supplement its existing mediation program. That pilot … Continue reading →

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