Podcast - A Tortured Journey with the Lying Witness
On April 1, 2025, the Civil Rules Review (CRR) Working Group published its Phase 2 Consultation Paper (Paper) outlining its proposed framework for revamping Ontario’s Rules of Civil Procedure (Rules). If implemented, this new...more
My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more
Contracts in the construction industry often include multi-tiered dispute resolution clauses. These are clauses which set out in an escalating sequence the stages of dispute avoidance and/or alternative dispute resolution...more
Mediation is globally recognized as an effective dispute resolution mechanism. A trained mediator can assist apparently diametrically opposed parties in finding a resolution that avoids the time and costs of court...more
In recent years, the New York court system has endorsed alternative dispute resolution (“ADR”) as a way to increase efficiency in the court system, making ADR presumptive in most civil cases. As a pioneer of efficiency, the...more
An accurate assessment of damages is critical for case evaluation, and the cost of dispute resolution plays an important role in deciding to pursue claims. Even strong liability cases can fail to make economic sense. That is...more
This article is PART TWO of a two-part series shedding light on some of the realities that can prolong the divorce process. Part One focuses on the pre-court/mediation phase of the process. PART TWO describes the court phase....more
Commercial Division litigators often hope that mediation will lead to a negotiated settlement, but their expectation – based on their prior experience – is that it will not. In this sense, mediation seems to have...more
As of January 1, 2018, Commercial Division Rule 10 was amended. The rule, innocuous on its face, specifies what information an attorney must supply at a preliminary conference. The amendment is entitled “Certification...more
Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more
For a long time, practice in New York’s Commercial Division was a double-edged sword. Stacked with the state’s most sophisticated judges, a tilt towards aggressive case management practices, and an inclination towards...more