For over a decade, since the section’s inception, NYSBA’s Dispute Resolution Section has observed a ritual of transition from one chair to the next. In lieu of passing the gavel, we have passed the hossu. We lawyers are all familiar with the gavel. Shaped like a hammer, it is held by a judge. With a loud … Continued
Lawsuits against mediators are few and far between, but not so rare that they can be ignored. Some practitioners attempt to mitigate the risk with an exculpatory provision in their engagement letter, a somewhat controversial practice likely permissible in some jurisdictions but not others.1 Mediators can invoke quasi-judicial immunity in some courts, but the extension of … Continued
Nine years ago, national and international conflict resolution leaders gathered at Cardozo Law to contemplate the status and direction of mediation as a process, as a movement, and as a conflict resolution phenomenon.1 At that time, I was still a law student—wide-eyed, optimistic, and in denial about the realities being acknowledged: that mediation was dormant, sleeping, … Continued
Unlike litigation or arbitration, there are no formalized rules of procedure in mediation. Mediators, therefore, have a broad range of process choices and minimal guidance on how to make those choices. As mediators gain experience, they may develop a deeper appreciation of the subtleties and complexities of the mediation process and their role as a … Continued
The Challenge: How might neutrals and advocates foster interpersonal dynamics when conducting arbitrations and mediations virtually, consistent with the ethical obligations of each profession and the ethical underpinnings of each process? Virtual dispute resolution for commercial dispute resolution has become the new normal.1 Yet, the dispute resolution listserves are still peppered with posts from mediators and … Continued
We welcome our new chair, Jeff Anderson, and the excitement he brings to increasing statewide participation to our dynamic and engaged section. Our section has been fortunate in maintaining the participation of almost all the past chairs and we hope Noah Hanft, our excellent immediate past chair, will continue in that tradition because he brought … Continued
Studies of the qualities of a successful mediator include, importantly, the ability to gain the parties’ confidence, is friendly, likeable, “a genuinely nice person”; demonstrates compassion, high integrity, and empathetic listening; manages parties’ expectations and is able to work with differing interests. As chair this past year, Noah Hanft exemplified each of these qualities in … Continued
FAA Transportation Exemption Applied to Intrastate Delivery Drivers The delivery drivers in this case purchased distribution routes by which they buy baked goods and resell and deliver those goods to stores along their routes. Plaintiffs sued alleging that they were misclassified as independent contractors, and the defendants moved to compel arbitration. The district court denied … Continued
Effective September 1, 2022, the American Arbitration Association (AAA) amended its Commercial Arbitration Rules and Mediation Procedures. The amendments 21added two new rules and made changes to a handful of other rules and procedures.1 One of the rules getting a makeover was the Modification of Award Rule, formerly Rule R-50, now Rule R-52. The Modification of … Continued
I. Introduction Under § 16(a) of the Federal Arbitration Act, when a district court denies a motion to compel arbitration, the unsuccessful movant may file an immediate interlocutory appeal. However, until the U.S. Supreme Court’s decision on June 23, 2023 in Coinbase, Inc. v. Bielski, No. 22–105, 599 U.S. __ (2023), the U.S. Courts of Appeal … Continued