Although mediation resolves most disputes, some mediations end in impasse. Such disappointments can usually be avoided, and positive resolutions achieved, when advocates are armed with knowledge of common mediation pitfalls...more
Expediency and economy are the great benefits of the arbitral process. One of its most important components is the initial or preliminary conference with an arbitrator whether it is a tri-panel or party arbitration. Advance...more
Recently, I was interviewed about the usefulness of joint sessions. In the article, published in the “Daily Report”, Mediators Talk ‘East v. West' Split Over Use of Opening Sessions to Lay Out Disputes, there were contrasting...more
Difficult times foster change and an exploration of alternative and better ways of doing business. With that thought in mind, NAM (National Arbitration and Mediation), one of the nation's leading providers of Alternative...more
8/11/2020
/ Arbitration ,
Arbitrators ,
Cybersecurity ,
Legal Technology ,
Mediation ,
Mediators ,
Remote Depositions ,
Remote Hearings ,
Teleconferences ,
Videoconference ,
Virtual Litigation ,
Virtual Meetings ,
Zoom®
The longer a mediation lasts the greater the likelihood that it will be successful. This conclusion is anecdotal, but based upon long experience. A mediation is successful even when the case does not settle if substantial...more
Interview with Honorable John P. DiBlasi, J.S.C. (Ret.) of NAM (National Arbitration and Mediation) as published in the Corporate Counsel Business Journal (CCBJ) -
John DiBlasi is a highly sought-after mediator and...more
7/21/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Business Court Division ,
Commercial Court ,
Dispute Resolution ,
Innovative Technology ,
Litigation Fees & Costs ,
Mandatory Arbitration Clauses ,
Mediation ,
Mediators ,
Risk Mitigation ,
Settlement Negotiations ,
Trial Attorneys
Several years ago, I served as a member of a tri-panel in a commercial arbitration. It consisted of three neutrals who were based in various locations on the East Coast. The attorneys were located on both the East and West...more
By: Hon. John P. DiBlasi (Ret.) New York Law Journal Alternative Dispute Resolution (ADR) Special Report August 2019 The joint session of the mediation, where disputing parties speak directly to one another, is often...more
8/5/2019
/ American Bar Association (ABA) ,
Commercial Insurance Policies ,
Confidential Communications ,
Construction Disputes ,
Construction Industry ,
Dispute Resolution ,
Ethics ,
Joint Sessions ,
Liens ,
Mediation ,
Settlement Negotiations ,
Settlement Offer
New York Law Journal Alternative Dispute Resolution (ADR) Special Report - August 2018 -
As a full-time mediator for the past decade, I have come to learn that trust is a critical element in any successful negotiation....more
8/6/2018
/ Best Practices ,
Commercial Insurance Policies ,
Consent ,
Demand Letter ,
Disclosure Requirements ,
Dispute Resolution ,
Good Faith ,
Litigation Strategies ,
Mediation ,
Policy Terms ,
Settlement Negotiations ,
Settlement Offer
Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively...more
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...more
John Wooden, one of the most successful coaches in basketball history, always focused his teams on the basics. The first lesson he taught them was how to properly tie their shoes. Truly, a lack of understanding the basics...more
Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions...more
6/21/2018
/ Arbitration Awards ,
Best Practices ,
Broker Commissions ,
Commercial Bankruptcy ,
Commercial Court ,
Complex Litigation ,
Creditors ,
Dispute Resolution ,
Environmental Impact Report (EIR) ,
Environmental Violations ,
Insurance Claims ,
Interlocutory Appeals ,
Litigation Fees & Costs ,
Litigation Strategies ,
Mediation ,
Multi-Party Litigation ,
Settlement ,
Stays ,
Traffic Impact Assessments
During my fifteen years as a Judge, I have heard the testimony of hundreds of witnesses in all types of proceedings. As a trial attorney in private practice, I prepared a great number of witnesses to testify. Even with the...more
Mediation is a productive process, a process whose premise is that no party will get exactly what they want, but each will compromise to reach a mutually agreed upon resolution. I hear attorneys say that a good settlement is...more