Commercial Contracts and ADR Clauses - Who said they were optional?

Most Commercial Contracts will have an ADR (Alternative Dispute Resolution) clause that requires the parties to engage in non-Court methods to resolve a dispute rather than launching straight into Court action.

The Courts have been taking a more robust approach in making it clear to parties that such clauses should be followed and are not optional.

Read more

Preempting Conflict and Ensuring Workplace Civility

Facing remote working and tense political discourse, we continue to endure unparalleled tensions in our personal and professional lives. Business owners and leaders should be attuned to how these stressors could potentially impact their teams’ performances — and ensure strategies are created, fine-tuned and deployed to mitigate issues that may arise.

Read more

How do you get an unwilling partner or spouse to consider Dispute Resolution?

It is not uncommon for parties who have recently separated to have a different emotional response to the breakdown of their relationship. For example, whereas one party may have already accepted it and be keen to explore how to divide assets and property, or discuss the future arrangements for children, the other party may be feeling angry and upset and as such, less able to move forward.

Read more

Teaching Community Dispute Resolution: Exercises to Facilitate Positive Change

Community dispute resolution provides communities with a forum to address conflict, uncover and resolve the underlying issues, and thereby achieve positive change. Community dispute resolution provides an alternative to the judicial system and facilitates collaborative community relationships. Community dispute resolution processes can include training and educational activities, and may involve a mediator from within the community or one brought in from the outside. The Teaching Negotiation Resource Center (TNRC) has a variety of community dispute resolution exercises designed to teach participants how to navigate the issues, relationships, and processes involved in community dispute resolution.

Read more

Kevin Schlosser Authors, “The Use of Private Judges: New World, New Wave?”


Our system of justice has certainly faced various challenges over the years, but no one can deny that the COVID-19 crisis has forced us to confront unprecedented obstacles―2020 has been a year no one will forget. In March, the entire state court system virtually shut down, except for cases deemed “essential.” While our administrative judges and the office of court administration have worked tirelessly to restore some semblance of normalcy, the challenges are formidable.

Read more

The Wisdom Of Choosing A Retired Jurist For ADR

During this year of COVID-19, courthouses have been repeatedly challenged with closures and delayed start-ups. New York has been one of the more ambitious states to cautiously recommence civil trials, albeit at a slow pace. The many moving and complex parts of civil cases make it very difficult to break up the court log jams wrought by the pandemic. Consequently, attorneys and clients who seek to resolve cases by year-end 2020 or in the first quarter of 2021 will face a clogged court calendar. Parties have the option, however, to bypass an overburdened court system by turning to alternative dispute resolution (ADR) to settle their disputes more quickly and less expensively. Here’s how!

Read more

Key Supreme Court Cases From the 2019-20 Term and a Look Ahead to the 2020-21 Term

On September 23, 2020, a panel of Skadden attorneys hosted a webinar entitled “Key Supreme Court Cases From the 2019-20 Term and a Look Ahead to the 2020-21 Term.” Panelists Julie Bédard, Boris Bershteyn, Jocelyn E. Strauber and Jonathan Marcus discussed cases recently resolved by, or still pending before, the U.S. Supreme Court concerning separation of powers, employment discrimination, government enforcement remedies, securities law, arbitration, and the Alien Tort Statute and Affordable Care Act. (The discussion was held prior to the appointment of Justice Amy Coney Barrett.)

Read more

Arbitration and Mediation for Cooperatives and Condominiums

Years ago, the president of a co-op client complained to my former boss about a lawsuit the client was
engaged in, especially the length of time involved, the expense, and the stress felt by board members. My boss advised that the client should get used to litigation, as it had become part of doing business
as a co-op.

Read more

Four Ways to Settle Construction Disputes

It’s unlikely to be in the construction industry for very long and not run into a dispute. Disagreements between the parties — owners and contractors, contractors and subcontractors, subcontractors and supply houses — can crop up when one party fails to meet its obligations, contractual or otherwise. Sometimes these controversies result from a clear breach of a contract provision; other times they are simply the consequence of a party’s reaction to or disregard of a particular issue.

Read more

KWM on why virtual hearings are a “new and exciting phenomenon”

COVID-19 accelerated the number of parties choosing virtual hearings, but this is not the first time proceedings have been convened with the use of technology. Strain says: “For many years, where necessary and appropriate, the DIFC Courts have been willing to convene hearings of urgent applications by telephone, and have allowed witnesses to be heard remotely using video conferencing facilities, provided the ‘DIFC Protocol on Remote Witnesses’ is complied with.”

Read more

Redwood City series with focus on racial equity wrapped up

Now that the sessions have concluded, PCRC will take recordings of the conversations, both from the small breakout groups and the larger group summaries, along with facilitator notes, to create a final report. In either late September or early October, the report will be presented to the City Council to potentially influence budget discussions and the document’s final form.

Read more

Causes of Conflict in Workplace

There are many factors why there is conflict in your workplace. Some of these are insecurities, gossips, poor management, unfair treatment, unclear job descriptions, and more. It is not a surprise anymore why many of the employees decided to resign or just let themselves be terminated because of the working environment, which is not healthy anymore.

Read more