Tag: Arbitration

Let’s Sue the Bastards!

Image of man hitting his thumb instead of nail

{3 minutes to read} One of the brighter aspects of economic activity in New York during the Covid pandemic was the ongoing construction activity that took place. While buildings remained empty and ground floor retail spaces were withering from the lack of business, construction sites always seemed to be buzzing with activity. Once the need for masks and social distancing was figured out, construction work began opening up much sooner than other businesses. Of course, large construction projects are years in the making and financing is not contingent on last month’s revenues.

Med-Arb

Hard red, green and white candy mints stuck in a ball

{4 minutes to read} There was a time when arbitration was hailed as the sliced bread of the dispute resolution world. Arbitration would be faster and cheaper than litigation, and more tailored to the needs of the parties. You could have experts in the field decide matters. Plus, it was private. As time went on, it lost some of its luster. Arbitration could be somewhat faster, but only somewhat. If there was a panel of three arbitrators, the fees could mount up, and scheduling could be difficult. The needs of the parties? Well, certainly if your side prevailed. But one of the cheaper, faster-selling points of arbitration was that decisions were final and binding. The losing side could not appeal.

The Emotional Power of Apologies

{3 minutes to read} Personal injury cases come in all stripes, though common to many of them is that the plaintiff(s) and defendant(s) don’t know each other. But what about when they do? Leaving aside medical care provided in emergency rooms, patients typically know their doctors before an event that leads to claims of medical malpractice. Patients/plaintiffs often felt they were – quite literally – in good hands before the procedure.

Some of you may recall or know of a line made popular from the 1970 novel Love Story which goes, “Love means never having to say you’re sorry.” Popular doesn’t always mean dumb, but in this case the two were synonymous.

The 11th Commandment

{4 minutes to read} I have written and spoken in the past about automatic court-annexed mediation programs, but maybe you haven’t heard me discuss it or read about it before. So just in case:

Certain courts force parties to go to mediation before they can continue litigating their cases through the “normal” court process. But parties shouldn’t be forced to mediate, should they? Isn’t that a decision the parties should both agree on? Isn’t a basic, guiding principle of mediation self-determination, including the decision whether or not to mediate?

Mediation? Arbitration?

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{4:12 minutes to read} When arbitration first became popular, it was seen as an antidote to the time and expense of litigation. Parties could bypass the lengthy court process, narrow the issues, limit discovery, and hire experts to decide disputes. Arbitration also kept disputes private, making it less likely the terms of a settlement or adverse decision would become public.

However, over the past 10 years, arbitration has begun to lose some of its luster for several reasons. Most well-known are the compulsory arbitration clauses found in consumer contracts (e.g., “Click here if you agree with the terms and conditions…”) that are often seen as unfairly favoring parties with greater economic power and limiting the ability to redress legitimate grievances.

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Tag: Arbitration

Let’s Sue the Bastards!

Med-Arb

The Emotional Power of Apologies

The 11th Commandment

Mediation? Arbitration?

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