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Archive for the ‘Mediation’ Category

Expertise.com Selects Loree & Loree as one of the top 18 Best Arbitrators & Mediators in New York City out of 1,763 Reviewed

January 16th, 2020 Arbitration Law, Arbitration Practice and Procedure, Federal Arbitration Act Enforcement Litigation Procedure, General, Loree & Loree, Mediation 4 Comments »
Arbitration | Loree & Loree

We were thrilled and honored to learn just recently that Loree & Loree was selected by Expertise.com out of a group of 1,763 persons or firms reviewed to be one of Expertise.com’s top 18 “Arbitrators & Mediators” in New York City for 2019. (See here.) Expertise.com’s “goal is to connect people with the best local experts.” (See here.)

The criteria used was reputation, credibility, availability, and professionalism. Expertise.com’s website describes those criteria in more detail and explains how top expert selections are made here and here.

In making its determination, Expertise.com “scored arbitrators & mediators on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best arbitrators & mediators in New York, NY.” (See here.) The category “Arbitrators & Mediators” includes firms, like L&L, which represent clients in arbitrations and in arbitration-law related disputes.

About L&L, Expertise.com said that “[t]he boutique firm is known for personalized service and reasonable fees and covers B2B litigation and arbitration, arbitration law, practice, and procedures, reinsurance, and insurance matters.” Expertise.com noted, among other things, that the “office has been quoted in Global Arbitration Review,” and “has considerable experience with the Federal Arbitration Act. . . .” (See here.)

You might also be interested in reading. . .

Second Circuit Sets Evident Partiality Standard for Party-Appointed Arbitrators on Industry Tripartite Arbitration Panels

2018-2019 Term SCOTUS Arbitration Cases: What About Lamps Plus?

Class Arbitration, Absent Class Members, and Class Certification Awards: Consent or Coercion?

Nuts & Bolts: Limitation Periods for Motions to Vacate, Modify, Correct and Confirm Domestic Arbitration Awards Falling Under Chapter 1 of the Federal Arbitration Act

Arbitration Law FAQs: Confirming Arbitration Awards under the Federal Arbitration Act

Delegation Agreements, Separability, Schein II, and the October 2019 Edition of CPR Alternatives

Photo Acknowledgment

The photo featured in this post was licensed from Yay Images and is subject to copyright protection under applicable law.

Arbitration and Mediation FAQs: Should I Agree to Mediate Future Disputes Arising out of a Business Contract or Transaction?

March 22nd, 2014 Arbitration and Mediation FAQs, Drafting Arbitration Agreements, Drafting Mediation Agreements, Mediation, Mediation Agreements, Negotiation, Small Business B-2-B Arbitration, Small Business B-2-B Mediation Comments Off on Arbitration and Mediation FAQs: Should I Agree to Mediate Future Disputes Arising out of a Business Contract or Transaction?

Suppose you are a business entity or an individual negotiating a contract that contemplates an ongoing business relationship with another person or entity. You need to consider many things, not the least of which is what kinds of provisions, if any, you might want to include in your contract that deal with the contingency of one or more disputes arising in the future. You might decide, for example, to agree to arbitrate disputes. You might decide that arbitration is too risky in the circumstances and that you would rather have a court resolve your dispute, but that you nevertheless want to include provisions in your contract dealing with choice of law, choice of forum, permissible remedies and the like. These are all important decisions that need to made carefully and often with the help of an attorney having skill and experience in such matters.

But they are not the only things that you might consider or be asked by your counterpart to consider. Whether or not you agree to arbitrate, or to litigate but only in a particular forum under the law of a particular state, there is something else you might want or be asked to consider: an agreement to mediate future disputes arising out of or relating to the contract and the business relationship it creates.

Should you give such an agreement some serious thought? There is no single correct answer to that question because, like most other things, the devil is in the details. But, depending on the circumstances, an agreement to mediate as a precondition to judicial or arbitral dispute resolution might be a very good idea. Continue Reading »

Small Business B-2-B Arbitration Part II.A: The Nature and Purpose of Arbitration

July 12th, 2013 Arbitration Agreements, Arbitration Practice and Procedure, Authority of Arbitrators, Awards, General, Making Decisions about Arbitration, Mediation, Negotiation, Practice and Procedure, Small Business B-2-B Arbitration Comments Off on Small Business B-2-B Arbitration Part II.A: The Nature and Purpose of Arbitration

The long- and short-term success of a business is generally measured by the economic benefits it produces for its investors.  Most business decisions require a business to accept risks of varying severity and frequency if the business is going to realize a meaningful return on investment.  All else being equal, to increase the likelihood that those decisions will yield profits, the business must accurately assess all material risks, their corresponding benefits and the interplay between the two.

The same holds true for the decision whether to make an arbitration agreement part of a business transaction, and if so, on what terms.  But in the author’s experience otherwise savvy and intelligent small-business-persons frequently view an arbitration agreement as a throw-in term that isn’t likely to affect materially the risk-benefit calculus of the transaction as a whole.  These business persons are therefore likely to agree to arbitrate with a more economically powerful counterpart without giving the matter much thought, let alone the careful thought they devote to the price and performance terms of the deal.  This approach, as a number of business people have learned the hard way over the years, can result in a very frustrating and potentially debilitating one-two punch:  dashed reasonable expectations coupled with very little, if any, meaningful judicial review. Continue Reading »

Revisiting State Regulation of Mediators

January 29th, 2011 Mediation Comments Off on Revisiting State Regulation of Mediators

The Winter 2010-2011 edition of NE-ACR News, the newsletter of the New England Chapter of the Association for Conflict Resolution (“NE-ACR”), contains a number of excellent articles concerning the sometimes controversial topic of mediator certification,  including an article I wrote entitled, “Should States Regulate the Mediation Profession?”  I argue that “proponents of state licensure [of mediators] should be careful what they wish for,” and explain why that is so.  The article appears on page one of the newsletter, which you can read here

The article expands upon and refines some of the arguments I made in a July 30, 2009 post entitled, Should the States Certify and Regulate Mediators?  It also argues that state licensure of mediators would likely target non-lawyer members of the profession, and points out three reasons why that would harm both the public and the profession. 

I would like to thank Louisa Williams, President-elect and Board Member of NE-ACR — and editor of NE-ACR News — whose skilled and thoughtful editorial comments and guidance were not only invaluable, but much appreciated.   I would also like to thank Diane Levin, a noted Massachusetts-based mediator and blogger, who was kind enough to recommend me to Louisa as a contributor to the Winter 2010-2011 issue.

LinkedIn’s Commercial and Industry Arbitration and Mediation Group is 900 Members Strong and Growing!

August 23rd, 2010 ADR Social Media, Commercial and Industry Arbitration and Mediation Group, Mediation, Reinsurance Mediation Comments Off on LinkedIn’s Commercial and Industry Arbitration and Mediation Group is 900 Members Strong and Growing!

As regular readers know, we own and co-manage with Don Philbin, Jr., Karl Bayer, Robert Bear, and Victoria VanBuren  LinkedIn‘s Commercial and Industry Arbitration and Mediation Group.  The group actively discusses issues pertaining to domestic and international ADR, and features a distinguished and diverse membership of arbitrators, mediators, business people, attorneys, law professors, students, and other persons interested in ADR.  Our members hail not only from the United States, but many other countries as well. 

The group, which was formed in May 2009, is now 900 members strong and is growing by the week.  Many different industries are represented, including the insurance and reinsurance industry.  The group enables members to share information; discuss and debate issues; directly access numerous excellent ADR-related blogs; and network with others in the domestic and international ADR community. 

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in ADR.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group.  If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a user name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

Two Upcoming and Notable ADR-Related Events of Interest

June 3rd, 2010 Events, Mediation, Negotiation, Securities Arbitration Comments Off on Two Upcoming and Notable ADR-Related Events of Interest

Our good friends Don Philbin and Victoria Pynchon are presenting this June on ADR-related subjects. 

On June 9, 2010, Don Philbin will be giving a presentation entitled “Deal or No Deal — Negotiation Strategy in Mediations,” as part of a Securities Arbitration & Mediation CLE program sponsored by the City Bar Center for CLE and other organizations.  (The program agenda is here.)  The program will be held at 9:00 a.m. – 12:00 p.m. on June 9, 2010 at the New York City Bar (formerly “The Association of the Bar of the City of New York”), 42 West 44th Street, New York, New York 10036.   A one-hour networking lunch follows, beginning at 12:00 noon.  The program offers California, New York and Illinois CLE credit.  For information about fees and registration, click here or call the New York City Bar at (212) 382-6663.  

Don is an excellent speaker and has a unique, brain-science-oriented approach to negotiation and mediation.  He is also a very experienced arbitrator, mediator, attorney and consultant, whose many contributions to the ADR world include the ADR Highlight Reel (read about it here).   You can read about one of his prior presentations here, and his Forum guest post here and here

On June 10, 2010 Victoria Pynchon, along with John W. Tinghitella, is hosting a Negotiation for Women Workshop to be held in Pasedena, California.   The promotional materials for Vickie’s workshop point out some troubling statistics: 

  1. Women are 4 times less likely to negotiate their salaries after college and they lose up to a million dollars over their careers as a result
  2. Women own and manage 40% of all small businesses in the U.S., but obtain only 2 ½% of available venture capital
  3. Women continue to earn 77 cents on every male dollar. Professional women earn even less – women attorneys, for instance, earn only 60 cents on the male lawyer’s dollar

The workshop is designed to give women “the insight and tools to recognize your existing skills and seize the opportunities you’re now overlooking.  This will allow you to negotiate better working conditions, higher salaries, more benefits and better prices for your products and services.” 

For more information about Victoria’s workshop, including registration instructions, click here.  And you can read her recent blog post about the workshop, “Closing the Wage Gap Rocking Your World,” here.

This program comes highly recommended for women young and old, professional and nonprofessional.  Negotiation is a critical part of all of our day-to-day lives and anything that can make us better at it is a worthwhile endeavor.  And Vickie and John Tinghitella are recognized and respected authorities on the subject.

In fact, the program is of such practical value that I recommended it to one of my California-based sisters who lives within a reasonable driving distance of Pasadena.

David J. Abeshouse Is Presenting a CLE Seminar this Wednesday, April 7, 2010: What Dispute Resolution Can Mean For Your Practice

April 3rd, 2010 Commercial and Industry Arbitration and Mediation Group, Events, Mediation Comments Off on David J. Abeshouse Is Presenting a CLE Seminar this Wednesday, April 7, 2010: What Dispute Resolution Can Mean For Your Practice

On April 7, 2010 our good friend David J. Abeshouse, a prominent Long-Island-based B-2-B litigator, arbitrator and mediator, is presenting a complimentary CLE seminar entitled: “Business ADR for Lawyers: What Alternative Dispute Resolution Can Mean For Your Practice.  The 1 ½ hour seminar will, among other things, discuss what ADR is all about; explore some of the many myths and misconceptions about ADR; outline the 3 principal ways that cases can wind up in ADR; and explain how ADR can benefit transactional lawyers, litigators, and clients alike.

The program will be held at the Melville Marriott, 1350 Old Walt Whitman Road, Melville, NY 11747. Breakfast and registration will be held between 8:00 a.m. and 8:30 a.m., and the seminar will begin at 8:30 a.m. It has been approved for 1.5 New York CLE credits.

Space is limited, so if you are interested in attending, please RSVP by e-mail or fax:

Email: events@ultimateabstract.com

Fax: 631-501-1370

Telephone: 631-423-1600

David is an experienced public speaker and a vigorous advocate of ADR, so the seminar promises to be a very good one.  You can learn more about David’s practice here

I’ll certainly be there, and I hope you’ll be able to attend, too.

The LinkedIn Commercial and Industry Arbitration Group is 600 Members Strong!

February 23rd, 2010 ADR Social Media, Commercial and Industry Arbitration and Mediation Group, Mediation Comments Off on The LinkedIn Commercial and Industry Arbitration Group is 600 Members Strong!

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.   At that time the group was 29 members strong, and if someone had told me that there was even a chance the group might reach the 600 member mark in a year or less, then I probably would have had second thoughts about that person’s grasp of reality.   But I would have been dead wrong, because today the group reached the 600 member mark after being in existence for approximately nine months.  And we expect it will continue to grow.       

Some LinkedIn groups are a little dull, featuring little or no meaningful discussion and plenty of shameless self promotion.  But this group is a lively one that enjoys debating issues and sharing information and experiences.  Discussions have been frequent and spirited, the group is internationally and professionally diverse, and group members have access to several ADR blog feeds, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer and international arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, law professors, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group’s membership features a number of highly-accomplished mediators, dispute resolution professionals, and ADR bloggers and professors.  Not being a mediator myself, I have learned much about mediation simply through group discussions.      

We welcome new members.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

The LinkedIn Commercial and Industry Arbitration and Mediation Group is Now More than 500 Members Strong!

January 6th, 2010 Commercial and Industry Arbitration and Mediation Group, Mediation 2 Comments »

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.   At that time the group was 29 members strong — now it is more than 500 members strong, and still growing.   

Some LinkedIn groups are a little dull, featuring little or no meaningful discussion and lots of shameless self promotion.  But this group is a lively one that enjoys debating issues and sharing information and experiences.  Discussions have been frequent and spirited, the group is internationally and professionally diverse, and group members have access to several ADR blog feeds, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, law professors, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group’s membership features a number of highly-accomplished mediators and well-known ADR bloggers.  Not being a mediator myself, I have learned much about mediation simply through group participation.    

We welcome new members.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join the conversation!

Recently-Formed Re/Insurance Mediation Institute Holding a Cocktail Reception in New York City on November 11, 2009

October 31st, 2009 Mediation, Re/Insurance Mediation Institute, Reinsurance Mediation Comments Off on Recently-Formed Re/Insurance Mediation Institute Holding a Cocktail Reception in New York City on November 11, 2009

We previously reported that Peter A. Scarpato, Katherine Billingham and Andrew S. Walsh, in conjunction with others, recently formed the Re/Insurance Mediation Institute (“ReMedi”), a nonprofit organization whose mission is to “foster the development of mediation as a means of resolving reinsurance and insurance disputes.”  (See our prior post here.)  More information about ReMedi can be found here, and you can read about Peter and Kathy here, here, here, here and here

The Founding Members of ReMedi, including Peter, Kathy and Andy, are hosting a cocktail reception in New York city to celebrate the establishment of the new organization. The reception will be held on November 11, 2009, from 5:30 p.m. to 7:30 p.m., at the offices of Chaffetz Lindsey LLP, 1350 Avenue of the Americas, New York, NY 10019 (6th Avenue and 55th — enter at 55th).

Peter asked the Forum to let those interested in reinsurance and insurance mediation know that, if you have not received an invitation, but wish to attend, then you should contact him at (215) 369-4329. Alternatively, you can contact me via e mail  (pjl1@loreelawfirm.com) or telephone ((516) 627-1720), and I will be happy to let Peter know that you are interested in attending.   

The event is sponsored by Chaffetz Lindsey LLP and Cozen O’Connor, and is free of charge.   The Founding Members of ReMedi (other than Peter, Kathy and Andy) are Paul Dassenko, Larry Monin, Jonathan Rosen, Jim Shanman, Jim Stinson, Kevin Tierney, Liz Thompson, David Thirkill, Vince Vitkowski, and Richard Waterman. 

Peter, Kathy, Andy and I hope to see you at the reception.