Process & Procedure

Objections to Joint Sessions

“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties. In that mediation I was asking for a joint session, but the judge still blocked us from doing one because the other side would not agree….

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The Need To Be Right

Regardless of the hat I’m wearing at the time — mediator, litigator, friend, brother, husband, father, and now grandfather — I struggle with the desire to be right. Always right. I recently read a post on the Mediate.com blog by Loraine Segal entitled The Seductiveness of Being Right. St. Augustine, a pillar of the early church, regularly prayed “Oh Lord, deliver me from the lust of always vindicating myself.” Can you identify with this? The desire to be right truly is seductive, and it’s not helpful.

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Metrics on Arbitration Efficiency

The current issue of New York Dispute Resolution Lawyer — really a very good publication of the New York State Bar Association’s Dispute Resolution Section — includes a brief article by Roy Weinstein of the economic research and consulting firm Micronomics.  

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Do You Use “BATNA” Wrong?

In most legal disputes, there is considerable uncertainty.  Lawyers and parties discount their assessments of possible outcomes to reflect the risks, so MLATNAs therefore are always inferior to the BATNAs.

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Mediation Brings Doctors, Patients Face to Face

Malpractice lawsuits have been around as long as there have been doctors and lawyers. But there may be a better way to resolve doctor-patient conflicts. It’s mediation, and it’s keeping some potential malpractice suits out of America’s crowded courtrooms. It’s also providing opportunities for patients to actually talk to their doctors, and giving doctors a chance to learn something from their mistakes.

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Special ADR Event at New York Law School November 15

The James F. Henry Speaker Series at New York Law School’s ADR Skills Program will offer its third event of the year on Wednesday, November 15, 2017, when CPR President Noah Hanft joins panelists Greg Gallopoulos (GC of General Dynamics) and Prof. Joan Stearns Johnsen to discuss how vital commercial contracts are “Built to Last.”

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