Publications

Understanding medical malpractice case valuation today requires a more disciplined and data-informed approach than in prior years. Shifting jury behavior, rapid changes in healthcare delivery, and the growing influence of expert testimony are all reshaping how attorneys, claims professionals, and insurers assess settlement value and overall exposure. For practitioners in New York, these challenges are […]

A successful early mediation doesn’t happen by accident. Simply showing up to a conference room early in the litigation lifecycle is not enough to guarantee a favorable settlement. It requires a surgical exchange of information, a ruthless assessment of risk, and the right architect at the helm. When parties transition from a posture of endless […]

Litigators are naturally conditioned to gather as much information as possible. But in medical malpractice, the pursuit of “perfect” information is a financial trap for everyone involved. This is the sunken cost fallacy in action: the belief that because both sides have already spent thousands of dollars on filing fees and initial reviews, they must […]

Medical malpractice litigation is a war of attrition. For plaintiffs, defendants, and their respective counsel, the “traditional” path of a malpractice case is an exercise in endurance. Every month a case sits in traditional litigation, the stakes get higher. Between retaining multiple specialists, conducting endless depositions, and facing the all-or-nothing gamble of a jury trial, […]

Introduction This complex medical malpractice matter involved the wrongful death of man in his early 40s. With a decade-long history of cardiac disease and a previous atrial ablation, the decedent’s clinical picture presented significant challenges regarding both liability and causation. At the time of his passing, the decedent was survived by his wife and young […]

NAM Neutral Perspective – A Conversation with Judge Spodek NAM has welcomed the Hon. Ellen M. Spodek (Ret.) to its panel of neutrals, bringing her impressive background and decades of judicial experience to NAM’s clients. In this edition of NAM Neutral Perspective, we spoke with Judge Spodek about her practical and collaborative approach to mediation […]

The Hon. Judith N. McMahon (Ret.) recently joined NAM’s panel of neutrals, bringing decades of experience from the bench and a unique background in pharmacology. In this edition of NAM Neutral Perspective, we spoke with Judge McMahon about the principles that guide her approach to ADR, from the importance of preparation and trust to her […]

NAM Hearing Officer Michael B. Titowsky, Esq. breaks down ten actionable tips that bring structure, preparation, and stronger communication to the mediation process.

In an article published in the New York Law Journal, NAM Hearing Officer Howard J. Kaplan, Esq., provides insight into why arbitration is an efficient alternative to costly litigation.

In an article published in the New York Law Journal, the Hon. Larry S. Schachner provides insight into the process, requirements and the benefits of arbitration.