In New York civil actions, where a defendant fails to answer the complaint, the next step is usually a motion for a default judgment pursuant to CPLR 3215. However, in residential mortgage foreclosure actions, the plaintiff...more
The most common types of ADR for civil cases are neutral evaluation, mediation, arbitration, and settlement conferences. All of these are designed to resolve the dispute between the parties short of going to trial. Resolving...more
In recent years, alternate forms of dispute resolution, such as arbitration and mediation, have gained significant importance. Due to their advantages, these methods are being encouraged over litigation, especially in civil...more
What can we learn about negotiation skills and mediation prep from Tim Robbins, Morgan Freeman, and Julia Roberts? The initial 2-3 hours of a mediated settlement conference can sometimes feel a bit like a protracted siege...more
In many state courts, civil cases that meet certain threshold criteria are subject to the parties’ participation in a mandatory settlement conference. Although many attorneys and litigants view these settlement conferences as...more
It’s no secret to anyone litigating in the Commercial Division over the past couple years during the COVID era that the judges of the Commercial Division have been particularly keen on lightening their dockets by encouraging,...more
Update: As an update to our earlier post on the amendment of Commercial Division Rule 30 to expand the scope of mandatory settlement conferences—the new amendment is now in effect. As of February 1, 2022, absent an...more
On January 7, 2022, the Commercial Division amended Rule 30 of section 202.70(g) of the Rules of the Commercial Division of the Supreme Court. Rule 30 is entitled “Settlement and Pretrial Conferences,” and the amendment is...more
A lot of people believe that COVID has caused divorce cases to drag and the legal system to be ground to a halt – or at least, to lag behind. While that is certainly the case in some counties and more particularly, with some...more
Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules...more
On August 11, 2020, the Department of Health and Human Services announced that it is expanding the alternative dispute resolution process known as Settlement Conference Facilitation (SCF) for 2020. Under the expansion,...more
On July 24, 2020, the New York State Courts issued Administrative Order 157/20 (AO/157/20). Effective July 27, 2020, AO/157/20 removes the formal suspension of all residential foreclosures, but keeps a limited suspension of...more
As in-house teams and their outside counsel providers move beyond the early risks and challenges presented by the COVID-19 pandemic, new insights are forming around the next wave of concerns your company should be thinking...more
When I was a full-time settlement judge, the sheer volume of settlement conferences required me to frequently offer a mediator’s proposal to resolve a matter so I could move on to the next case. Typically, a mediator’s...more
In response to the coronavirus (COVID-19), the US Department of Labor’s (DOL’s) chief administrative law judge (ALJ) issued an administrative order on March 19 clarifying the status of matters pending before the DOL’s Office...more
Judge Kevin R. Culhane rotated into Sacramento County Superior Court’s probate department in January 2020. He shared his initial impressions with members of the probate bar on February 18, 2020, at the monthly lunch of the...more
You’re heading to trial and there is one last hurdle: the mandatory settlement conference that your judge is gunning for. He has signaled at every opportunity that he thinks this is a case the parties should resolve prior to...more
Clients and attorneys generally want to settle cases out of court. Clients readily recognize the financial and emotional benefits of avoiding court. Some clients go into his or her attorney’s office, bound for the courthouse,...more
In divorce or family law matters, pre-trial conferences, settlement conferences and other preliminary court dates often take place. These court appearances can sometimes take place in open court. In other instances, they can...more
Witness conferencing, a process whereby two or more witnesses give evidence simultaneously, is increasingly popular in international arbitration. Despite this, there has until now been very little practical guidance on the...more
The Occupational Safety and Health Administration (OSHA) has conducted an inspection of your plant after one of your employees amputated part of his finger trying to clean around a sprocket with the machine still running. ...more
The National Labor Relations Board recently announced an expansion of its alternative dispute resolution (ADR) program: the free program for employers, unions, and individual participants puts a case on hold for 30 days while...more
In 2010, Lehman Brothers Special Financing Inc. (“Lehman”) commenced an adversary proceeding against Shinhan Bank (“Shinhan”) to avoid and recover pre-bankruptcy transfers made to the South Korean bank. In 2015, while a...more
The Department of Health and Human Services (HHS) announced on November 3, 2017 additional settlement options for providers and suppliers in an effort to improve the Medicare claims appeals process, which included (1) the Low...more
The Office of Medicare Hearings and Appeals (OMHA) has announced the expansion of their Settlement Conference Facilitation (SCF) program. ...more