THE ORAL ARGUMENT: AN ABSOLUTE MUST WHEN APPEALING A CASE
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...
COURTHOUSE TO CONFERENCE ROOM: TRANSITIONING FROM THE BENCH TO PRIVATE MEDIATOR
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...
PREPARATION FOR ORAL ARGUMENT OF YOUR APPEAL
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...
EARLY MEDIATION YIELDS SUPERIOR RESULTS IN MANY CASES
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!
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...
RESOLVE THORNY ISSUES BEFORE COMING TO MEDIATION
Assume that you are involved as a plaintiff or a defendant (carrier) in a serious injury case and that the injured party has collected workers' compensation so the issue of a lien payback will be part of any settlement. Also assume that the plaintiff may have sought, or is receiving social security disability payments or wil...
REMOVING THE TRIAL BLINDERS TO ACHIEVE AN EFFECTIVE MEDIATION
Resolving a dispute through Mediation on the eve of trial presents a unique challenge to the Mediator because the parties' counsel are in the "trial zone" - the zone in which settlement no longer is seen as the goal and, instead, the focus is solely on prevailing at trial. When in "the zone", both sets of counsel may have di...
CLEARER PLAYER DISCIPLINARY PROCESS CAN HELP RESTORE NFL'S LUSTER
In the wake of criticism of the National Football League (NFL) and its commissioner, Roger Goodell, over the handling of domestic violence issues, there is an opportunity for the league to establish clearer, more uniform standards of player discipline. Emerging from the recent owners' meetings in New York, Commissioner Goode...
ADR AND WORKPLACE SEXUAL ABUSE
New York's historic preference for arbitration was recently upheld in a strongly-worded decision issued by Judge Anil Singh of the New York County Supreme Court. In Pupiales v. Building Management Company, et al., the Court issued an Order compelling arbitration under CPLR 7503 in a dispute between Plaintiff Pupiales and Def...
MAKING THE MOST OF THE EVALUATION PROCESS AT A MEDIATION
During the course of the private breakout sessions with the parties, the mediator is able to engage in a more candid discussion with counsel with respect to their case and their belief as to its strengths/weaknesses, and how they will likely address the opposing party's case at the time of trial. It also gives the parties th...