As I’ve mentioned previously, judge shortages in NJ Superior Courts plus COVID delays have created significant backlogs in cases. In seven NJ counties (Cumberland, Salem, Gloucester, Somerset, Hunterdon, Warren, and Passaic) the judge shortages were so severe that the court
Honored to Speak to Employment and ADR Inns of Court
On Tuesday, I was honored to speak to a joint meeting of the Reitman Employment Inn of Court and the Garibaldi ADR (alternative dispute resolution) Inn of Court. Inns of Court are statewide groups with members from the bar (lawyers)…
ECJ: Choice of Court Agreement under Brussels I Regulation Effective Without Foreign Element
Last week, the European Court of Justice held that choice of court agreements fall within the scope of Article 25(1) Brussels I Regulation if parties to a contract domiciled in the same Member State agree on the jurisdiction of the…
The Best Jazz Album 2023 – A Comparative Survey
This is the third annual survey of this kind. This year, I have adopted the same basic approach as in the 2022 survey: The table below combines the Anglo-Saxon view of the jazz world, represented by the New York Times…
It’s Confidential, So I Can Lie, Right?
An important underlying principle of mediation is that communications made in the course of mediation are not admissible in other civil forums. So, is it okay to make stuff up?
There’s a Rule
California Rule of Professional Conduct 4.1 provides,…
Chatting with ChatGPT
I recently attended a webinar where the speaker stated that as facts emerged in mediation, we would be able on the spot to turn to Artificial Intelligence for a case evaluation.
Uh, no.
Don’t get me wrong. I have test-driven…
Biased? Who, me?
At the Museum of Tolerance in Los Angeles, there are two entrance doors to the exhibits, marked Prejudiced and Unprejudiced.
Try to walk through the Unprejudiced door, and you will find that you can’t. All of us are prejudiced…
Get These Extras Only in Mediation
Sometimes, parties want something they could never get in a courtroom.
Confidentiality
The most common provision in a settlement agreement that you can’t get in a judgment is a promise to keep the terms of the settlement confidential. Court proceedings…
How Inflation Affects Your Settlement
Prices keep going up for just about every component of expense, including housing, groceries, and medical care. The figure at which your claim will settle is also subject to inflationary pressure. Medical expenses and wages are significant factors in settlement…
Are You Really Ready for Mediation?
Make sure these components are in place:
Who will attend the mediation? This should include the person who holds and can modify the authority. That’s the person holding the purse strings on the defense side and important advisors to the…