In June 2024, the New York City Bar Association issued a report entitled “Mediation Confidentiality in New York State: Overview of the Current Regulatory and Institutional Landscape and Subcommittee Recommendations,” which revealed the gaps in New York State’s rules on mediation confidentiality.1 Given the increased use of court-mandated and private mediation, the report contains significant findings … Continued

Our effervescent and inspiring colleague, Elayne E. Greenberg, professor of legal practice and director of the Hugh L. Carey Center for Dispute Resolution at St. John’s Law, recently passed away.1 We are all saddened by our loss, but she leaves behind a remarkable legacy in our field and our community Alternative Dispute Resolution (ADR) community.2 Professor … Continued

As I assumed my role as the new chairperson of Dispute Resolution Section of the New York State Bar Association, on June 1, 2024, I was cognizant of standing on the shoulders of those predecessors who were prescient enough to foresee the important role dispute resolution would play in the U.S. legal ecosystem of the … Continued

The enormous increase in international transactions in goods and services has had a substantial impact on the need for dispute resolution mechanisms around the world. Cross-border transactions have grown significantly in recent years. Regarding business-to-business (B2B) transactions, encompassing goods and services, in the three months ending in May of 2024 compared to the three months ending in … Continued

As colleagues in the dispute resolution field, we have likely participated in the ongoing, often heated debate about the role, if any, of empathy in dispute resolution. There are those colleagues who believe that empathy will only muck up what is really important, the bottom-line number and your evaluation about how to get there. On … Continued

Is Settlement Just About Money? In our professional lives, we often observe myopic lawyers and mediators who misperceive that most disputes are just about money. According to this skewed view, justice is measured by dollar signs. From the vantage point of these shortsighted colleagues, the negotiation metaphor “expanding the pie,” in which negotiating parties make … Continued

Courts Must Stay Actions When Granting Motion To Compel A unanimous U.S. Supreme Court clarified that the FAA meant what it said when requiring a court to stay proceedings when a party requests a stay. The Ninth Circuit in this case had ruled that instead a court could dismiss the action once referred to arbitration. … Continued

Will a court enforce an arbitral award of attorneys’ fees when the parties’ contract contains an arbitration clause requiring each party to bear its own counsel fees, and where the contract is governed by New York law and the arbitration is to be administered under the American Arbitration Association’s rules? In an important recent decision … Continued