Publications

By: Peter B. Skelos, J.S.C. (Ret.)March 2020 Chief Administrative Judge Lawrence Marks’s administrative order in combination with Governor Cuomo’s PAUSE (Policies Assure Uniform Safety For Everyone) executive order eliminate all but emergency in-person legal proceedings in the courts of the State of New York.  As such, the courts are largely unstaffed.  Surely, those measures are necessary to […]

By: Honorable Elizabeth Bonina, J.S.C. (Ret.)March 2020 On March 13, 2020, Chief Administrative Judge Lawrence K. Marks announced measures relating to court proceedings in an effort to limit large public gatherings throughout the state.  Those measures include the following:  (a) suspending the jury selection process in civil and criminal matters until further notice; (b) suspending Civil Trial Assignment […]

By: Richard P. Byrne, Esq.March 2020 The experience gained from a crisis can often prove meaningful – and even transformative – as adaptive changes, which otherwise may have evolved at a lesser pace, are accelerated. In response to the coronavirus, there has, literally, been an overnight movement by parties to utilize virtual ADR techniques to resolve disputes. Present […]

By: Honorable John P. DiBlasi, J.S.C. (Ret.)March 2020 Several years ago, I served as a member of a tri-panel in a commercial arbitration. It consisted of three neutrals who were based in various locations on the East Coast. The attorneys were located on both the East and West Coasts. To accommodate the witnesses, a decision was made that the arbitration would be […]

By: Michael W. Emerson, Esq. New York Law Journal Alternative Dispute Resolution (ADR) Special ReportMarch 2020 Imagine you work as “in-house” counsel at an investment bank.  Your principal role is to advise your clients (typically sales personnel, product structurers and traders) about the various legal, regulatory and compliance risks associated with esoteric financial products.  These products are not […]

By: Rhonda L. Epstein, Esq. The New York Law Journal Alternative Dispute Resolution Labor and Employment Special ReportFebruary 2020 Mediation of employment disputes is not an exact science, there is no magic formula, and to paraphrase the song from the Broadway show Hamilton, no one knows how the parties get to “yes” because no one else is in […]

The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...

The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...

The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...

The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...