Tag Archives: mediation

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

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

{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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What Should I Look for in a Mediator?

{3:45 minutes to read} When going forward in mediation, quite often the parties have the opportunity, at least in the first instance, of choosing the mediator. This raises some questions: What type of mediator are they looking for? What skills should the … Continue reading

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Mediation: What to Expect

{5:10 minutes to read} You’ve been sent to mediation. What’s next? You’re going to mediation; you asked or agreed to go, or a judge sent you. It shouldn’t matter. Embrace the opportunity! This is a “no risk” opportunity to settle … Continue reading

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Why Not Mediate?

{5:20 minutes to read} In my last article I discussed using mediation in business and personal disputes, and I discussed how to get there and some of the benefits. Below I continue the discussion, delving into some of the rewards … Continue reading

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Why Mediate?

{5:20 minutes to read} Mediation is growing in popularity and use. Many parties in disputes are now including “step” mediation provisions in agreements, and many courts have created mandatory automatic mediation programs. Still, some attorneys and parties question whether mediation … Continue reading

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Must I Go To Court?

{5:20 minutes to read} Clients often ask whether or not they must go to court. As in many areas, there is a simple answer and a not-so-simple answer. The simple answer is: if you were named as a defendant in … Continue reading

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Look before you leap!

{3:15 minutes to read} Very often, individuals and companies are presented with documents that they are required to sign in order to obtain a service, purchase goods or engage in a transaction. Unfortunately, these contracts can be lengthy, written in … Continue reading

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Who Benefits From Mandatory Arbitration Clauses? Part 2

{4:05  minutes to read} Click here to read part 1. It is one thing when sophisticated parties, of relatively equal bargaining positions, opt to  include an arbitration clause in an agreement.  It is quite another thing when parties, even those … Continue reading

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Can Oral Agreements be Enforced?

{4:50 minutes to read}  Clients often ask their attorneys whether an oral agreement – one that is not reduced to a writing, signed by the parties – can be enforced. This can come up when the client thinks that he is … Continue reading

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