The Mediation-Arbitration Option

While most parties choose to resolve disputes by either mediation or arbitration (or litigation), there is a hybrid process – known as Med-Arb – that parties occasionally prefer. As its name implies, the parties first mediate and then, if and only if they are unable to resolve all issues by settlement, the mediator changes hats [...]

Realizing the Benefits of Arbitration – Top 10 Tips to CEOs and CFOs

In the fall of 2009 the College of Commercial Arbitrators, a by-invitation only association of leading domestic and international arbitrators, in conjunction with the American Arbitration Association and other major arbitration-provider organizations, hosted a summit of leading lawyers, arbitrators, business executives, and general counsel to discuss ways in which arbitration – long viewed among businesses [...]

I Am Your Arbitrator. Here Is What To Expect From Me … And What I Expect From You.

I Am Your Arbitrator. Here Is What To Expect From Me … And What I Expect From You. I have been a trial lawyer for almost 40 years.  Over the last 25 years, service as an arbitrator, special master and pro tem judge has become an increasingly important and significant part of my practice.  My [...]

Practice Pointers For The Lawyer Advising Clients In Mediation – A Mediator’s Perspective

Just as mediation is an art, not a science, there is an art to advocacy in mediation.  I have developed the following “pointers” during the course of over 30 years as a trial lawyer in complex commercial and business disputes, and 25-plus years serving as mediator in such cases.  Although they reflect my personal experience [...]