THE COMMERCIAL ARBITRATION: THE SINGLE ARBITRATOR VERSUS THE TRI-PANEL
Over the years, I have had the opportunity to preside over numerous commercial arbitrations of all types. I have done so as the sole arbitrator and also as a member of a tri-panel. The decision to use a single arbitrator versus a tri-panel is a critical one. The decision as to the use of a single arbitrator or a tri-panel...
SPONSOR VOTING RIGHTS AFTER RELINQUISHMENT OF CONTROL
For many years, the courts have discussed the issues which arise when a sponsor/holder of unsold shares (hereafter, "sponsor") in a cooperative apartment corporation seeks to vote its shares at elections for the board of directors after the statutory period of permitted sponsor control has expired. Justice Ellen J. Coin, rec...
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...
THE COMMERCIAL DIVISION'S PILOT PROJECT FOR MANDATORY MEDIATION: WHEN MANDATORY IS NOT MANDATORY
Recognizing the unquestionable value of mediating commercial disputes, the New York Supreme Court, New York County, launched a pilot project by which certain cases assigned to the Commercial Division are automatically referred to mandatory mediation. Because it has been just a short while since the pilot project became effec...
ADR = ALTERNATIVE DISCOVERY RESOLUTION – REVISITED
On a dark and stormy morning in Lenox Massachusetts, the attendees at the New York State Bar Association's spring meeting of the Commercial and Federal Litigation Section were greeted by an all-star panel discussing "Alternative Discovery Resolution." Though the panel's topic spoke to resolving "normal" discovery problems, i...
DEMONSTRATING STRENGTH BY ACKNOWLEDGING WEAKNESS IN MEDIATION
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...
THE RULES OF THE COMMERCIAL DIVISION – AN OVERVIEW OF CHANGES THROUGHOUT THE LAST DECADE, PART 2
Last month I wrote of changes to the Commercial Division rules over approximately the past eight years. I will now continue with amendments and additions to the rules from the end of 2015 to present. Effective December 1, 2015 an amendment to Rule 11-d, and a new section 11-f were added. Rule 11-d, Limitations on Disco...
THE RULES OF THE COMMERCIAL DIVISION – AN OVERVIEW OF CHANGES THROUGHOUT THE LAST DECADE, PART 1
The Rules of the Commercial Division of the Supreme Court were first formally created as of January 17, 2006. The earliest amendments enacted in 2007, 2009 and 2010 concerned the monetary threshold amounts. In July 2010, a change was made to Rule 1, specifically Rule 1 (b) requiring a lawyer's familiarity with its clients te...
WHEN DRAFTING AN ARBITRATION CLAUSE, SPECIFICITY MATTERS
The purpose of placing an arbitration clause in a contract is to streamline the resolution of any disputes under the agreement. Alternative dispute resolution (ADR) avoids the time, cost and uncertainty of litigating in court when a dispute arises. In drafting an arbitration clause, the goal is make the clause itself clear a...
Construction Defect Claims: A Mediator's Perspective
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...