Publications

PREPARATION FOR ORAL ARGUMENT OF YOUR APPEAL

Posted on Apr 01, 2017

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

PREPARING FOR A SUCCESSFUL MEDIATION – IT'S ELEMENTARY!

Posted on Mar 20, 2017

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

IDENTIFYING CONDITIONS TO SETTLEMENT PRIOR TO THE COMMENCEMENT OF NEGOTIATIONS

Posted on Feb 10, 2017

Oftentimes, parties come to a Mediation session completely focused on "big picture" issues - their leading claims and defenses and the consequent damages they are seeking to advance or refute. Great time and labor is then invested in the ensuing debate and negotiations relative to these issues. Indeed, significant progress m...

SEEKING AN EVALUATION FROM THE MEDIATOR AND THE PRE-MEDIATION BRIEF

Posted on Feb 10, 2017

In the majority of cases, the parties to mediation ask the neutral for an evaluation of their case. This will encompass an analysis, inter alia, of the factual allegations, defenses, and issues of law, motion practice/decisions, venue/jury pool, and an evaluation with respect to jury verdict potential. The mediator will be m...

THE PRE-MEDIATION MEDIATION – WHEN, WHERE AND WHY

Posted on Feb 10, 2017

As any practitioner who has represented a plaintiff in a lawsuit knows, nothing is more frustrating than spending a day at Mediation where the Mediator is consumed with issues among and between the defendants. Adding insult to injury, the Mediator is then ultimately unable to bring anything forth to the plaintiff by day's en...

10 MISTAKES TO AVOID AT MEDIATION: IMPROVING THE ODDS FOR RESOLUTION

Posted on Feb 10, 2017

Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively affected by basic mistakes involving factors that are within the parties' control. While many of the f...

THE RULES HAVE CHANGED: SHOULD YOU BE CONCERNED?

Posted on Feb 10, 2017

In September, 2013 changes were made to the Rules of the Commercial Division of the Supreme Court (Section 202.70). These changes most importantly were to Rule 8 - Meet and Confer and Rule 13 - Expanded Expert Witness Discovery. Rule 8(b) specifically targets Electronically Stored Information (ESI) and the discovery of sa...

REVISITING MEDIATION: KEY COMPONENTS TO SUCCESS

Posted on Feb 10, 2017

Most trial lawyers and insurance company adjusters are "old pros" when it comes to mediating a personal injury case. But, if old dogs can learn something new, then re-thinking the mediation of personal injury cases may prove helpful. Let's assume the following fact pattern: A worker was injured in a fall while descendi...

ARBITRATION CLAUSE CONSIDERATIONS IN HEALTH CARE SERVICE AGREEMENTS

Posted on Feb 10, 2017

Many health insurance plan agreements contain language in which the patient agrees, by virtue of their participation in the plan, that any medical malpractice claim will be heard by an arbitrator rather than in court by a jury. In other instances, medical providers and facilities have arbitration clauses contained in the pap...