HON. JOHN P. DIBLASI AUTHORS NEW YORK LAW JOURNAL ADR SPECIAL REPORT ON HOW GOOD FAITH DISCLOSURE WILL PREVENT MEDIATION SABOTAGE
Posted on Aug 02, 2019 |News
New York, NY (August 5, 2019) – NAM (National Arbitration and Mediation), one of the nation's leading providers of Alternative Dispute Resolution (ADR), is pleased to announce that NAM neutral, Honorable John P. DiBlasi's article, Before the Real Negotiations Begin: Use Good Faith Disclosure and Proactivity to Prevent Mediation Sabotage, will be published in August edition the New York Law Journal's ADR Special Report.
“One of the most vexing problems that confronts a mediator is a dispute over discussions regarding monetary demands, offers, and settlement terms that took place prior to the mediation. This occurs in a large percentage of cases.”
Honorable John. P. DiBlasi, J.S.C. (Ret.)
In the article, Judge DiBlasi draws upon his longstanding experience as a neutral and examines how a dispute between parties can arise when critical communication between counsel is not exchanged. What often follows is “misunderstanding or mistrust between parties”. To avoid such an occurrence, he recommends that important information be disclosed prior to mediation such as a change in the demand previously made; any new evidence that substantially strengths a claim; who will be attending the mediation; and whether mediation submissions will be submitted confidentially or exchanged. Communicating this information up front, and as early as possible, will help to move the resolution process forward.
Judge DiBlasi states, “Transparency and professional courtesy go a long way in advancing negotiations. It will serve the process, and your client well, by the disclosure of any new information that may affect opposing counsel's case. At the same time, be proactive and confirm in writing any understanding that you may have upon which the mediation may be based. This will ensure that the mediation does not get off to a bad start and the negotiation process is not sabotaged by a lack of trust before it has even begun.”
The article also addresses ways to facilitate the mediation process. Topics that he focuses on include the joint session; demands, offers and settlement terms; changes in proof; persons in attendance; demands, offers and settlement terms; insurance coverage and lien information; and the exchange of mediation briefs.
Judge DiBlasi is the former presiding Justice of the Commercial Division of the Supreme Court of the State of New York. During his illustrious career, he has arbitrated and mediated over 3,000 cases with an ADR practice that centers on resolving Commercial, International, Finance, Employment, Entertainment, Land Use, and Professional Malpractice matters. For six consecutive years, he was voted a Top 3 Mediator in the U.S. in the National Law Journal Annual Reader Rankings Survey. He was also voted the #1 Mediator in the nation by the 2019 Corporate Counsel Best of Survey for the second year in a row. Further, in 2018, he was voted one of the Top 10 Mediators in the New York Law Journal Reader Rankings Survey for the ninth straight year.
Honorable John P. DiBlasi is a highly regarded NAM neutral and is available to arbitrate and mediate cases throughout the United States.
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