Written by Judge Abraham J. Gafni unless otherwise noted
2024
February 2024: Mediation’s Place in the Nuclear Verdict Era by Stuart T. O’Neal, III, Esq.
2023
December 2023: Were Mandatory Arbitration Obligations Assigned When the Company Was Purchased
October 2023: ‘Evident Partiality’ Will Lead to Vacating the Arbitration Award
August 2023: Equitable Tolling of the FAA’s Deadline for Vacating an Arbitration Award
June 2023: Review the Arbitration Providers’ Rules Carefully
April 2023: Four Joint Insurers – Does an Arbitration Clause Appearing in Only One Policy Control
February 2023: Is Your Petition to Compel Arbitration Barred by the Statute of Limitations
2022
December 2022: Can Attorneys be Sanctioned if Their Client Fails to Appear at Mediation
October 2022: Arbitration Award Confirmed Despite Denial of Discovery and Evidentiary Hearing
August 2022: Are Mandatory Arbitration Clauses Enforceable Against Trustees and Beneficiaries
June 2022: What Is Required When Consent To Mandatory Arbitration Is Sought Online
April 2022: Does an Arbitration Provision Survive an Unenforceable Contract
January 2022: Enhanced Role of Mediation 2022 Updated Stats by Michael David Brophy, Esq.
2021
December 2021: Are the ADR Provisions in Your Contract and Subcontract Consistent
October 2021: Beware Asking the Arbitrator to Join in Settlement Discussions
August 2021: Don’t Ignore the Mandatory Mediation Provisions in Your ADR Agreement
June 2021: Don’t Ignore the Procedural Requirements in Arbitration
April 2021: Don’t Forget to Finalize the Mediated Settlement Agreement
February 2021: Is Arbitration Confidentiality Lost When an Award is Filed
2020
December 2020: Unintentionally Granting Arbitrators the Power to Award Attorney Fees
August 2020: Setting the Scope of the Arbitrator’s Authority
June 2020: Must the Number of Arbitrators Selected by Each Side Be Equal
April 2020: Employers – Have You Carefully Reviewed Your Mandatory Arbitration Provisions
February 2020: Arbitrator Impartiality – What Should be Disclosed
2019
November 2019: Employee Acceptance of Handbook Arbitration Provisions – Part 2
September 2019: When Does an Employee ‘Accept’ Employee Handbook Arbitration Provisions
July 2019: Beware of Waiving ADR in Your Settlement Agreement
May 2019: What Satisfies the Requirement of a ‘Reasoned’ Arbitration Award
March 2019: Is That Decision-Maker an Expert or an Arbitrator
January 2019: Waiving or Forfeiting the Right to Arbitrate – Recent Cases Tackle Issue
2018
November 2018: What Must Parties Understand When Agreeing to Arbitrate
September 2018: Resolving Ambiguities in the Arbitration Agreement
July 2018: Modifying an Arbitration Award Due to ‘Evident Miscalculation’
May 2018: Who Decides Arbitrability – Is it the Court or an Arbitrator
March 2018: What Notice Is Required for Mandatory Employee Arbitration
January 2018: Who Decides Arbitral Venue – an Arbitrator or the Court
2017
November 2017: Is This an Agreement to Arbitrate
September 2017: Does Your Dispute ‘Arise Under’ or ‘Relate To’ the Arbitration Agreement
August 2017: The Power of Apology in Mediation – by Hon. Stephanie H. Klein (Ret.)
July 2017: Seeking Clarification of an Ambiguous Arbitration Award
May 2017: Consequences of Breaching the Arbitration Agreement
April 2017: Debunking Arbitration, Mediation Myths in Health Care Litigation
March 2017: Avoiding Delay in Bifurcated Arbitration
January 2017: Six Arbitration Agreements – And No Arbitration
2016
November 2016: What Happens if the Arbitral Forum or Arbitrator is Unavailable?
September 2016: What if the Party is Unable or Unwilling to Pay for Arbitration?
August 2016: The Use of Mediation for Construction Accidents – by Ronald Sherr, Esq.
July 2016: Waiving and Reviving the Right to Arbitrate Disputes
May 2016: Unwittingly Submitting to Mandatory Arbitration Provision
April 2016: ADR in Medical Malpractice Cases – by Judge Thomas A. Wallitsch (Ret.)
March 2016: Frivolous Arbitration – May Attorney Fees Be Awarded
January 2016: Can Mandatory Arbitration Agreements Ever Be Stricken
2015
December 2015: Losing the Right to Arbitrate by Engaging in Litigation
October 2015: Can Unconscionable Arb Provisions Be Waived and Severed
August 2015: Rights and Obligations of Nonsignatories in Arbitration Part II
June 2015: Rights and Obligations of Nonsignatories in Arbitration Part I
April 2015: Don’t Ignore the Details of the Arbitration Agreement
February 2015: Who Decides Res Judicata and Collateral Estoppel in Arbitration
The Cost Effectiveness of Mediation – by Judge Stephanie H. Klein (Ret.)
An Insurance Tragedy – by Philip Hof, Esq.
Upgrade Your Case from Mediation to Guaranteed Settlement – by Philip Hof, Esq.
2014
November 2014: Explaining Waiver of Court Trial in Arbitration Agreements
September 2014: Ruling Shows Difficulty Establishing Arbitrator Partiality
July 2014: Should Arbitration Agreements Fix the Time for the Award
May 2014: Will a Court Ever Order Discovery in Aid of Mediation
March 2014: When Do Superseding Contracts Impact the Right to Arbitrate
January 2014: Are There Restrictions on the Arbitrator Serving as Mediator
2013
December 2013: When Are Arbitration Agreements Preempted by the FAA
October 2013: Do Arbitrators Have Power to Exclude Relevant Evidence
June 2013: Are There Limits to an Arbitrator’s Award of Interest
April 2013: Considering the Mediation Privilege in Awarding Legal Fees
2012
December 2012: Beware of Waiving the Mediation Communications Privilege
August 2012: Mandatory Mediation – Avoiding Pitfalls by Complying With the Agreement
June 2012: Considering Unavailability When Drafting Arbitration Agreements
April 2012: Pretrial Discovery From Non-Parties in Arbitration Under State Law
February 2012: Pretrial Discovery of Documents From Non-Parties in Arbitration
2011
December 2011: Considering How to Approach Opening Statements in Mediation
October 2011: Does the Mediation Privilege Apply in Legal Malpractice Cases
August 2011: Res Judicata, Collateral Estoppel and Arbitration – Part 2
April 2011: Res Judicata, Collateral Estoppel & Arbitration
February 2011: ‘Baseball Arbitration’ and the Trial of Socrates
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2024
April 2024: Attorney Peter J. Hoffman joins ADR Options
February 2024: Mediation’s Place in the Nuclear Verdict Era
January 2024: Considerations of the Unauthorized Practice of Law in the ADR Process
January 2024: Were Mandatory Arbitration Obligations Assigned When the Company Was Purchased
2023
October 2023: ‘Evident Partiality’ Will Lead to Vacating the Arbitration Award
September 2023: In Memoriam – Michael Carney
August 2023: Equitable Tolling of the FAA’s Deadline for Vacating an Arbitration Award
June 2023: Review the Arbitration Providers’ Rules Carefully
April 2023: Four Joint Insurers-Does an Arbitration Clause Appearing in Only One Policy Control?
March 2023: Attorney O’Neal joins ADR Options
February 2023: Is Your Petition to Compel Arbitration Barred by the Statute of Limitations?
2022
January 2023: Attorney Tom Reilly joins ADR Options
December 2022: Can Attorneys be Sanctions if Their Client Fails to Appear at Mediation
October 2022: Arbitration Award Confirmed Despite Denial of Discovery and Evidentiary Hearing
August 2022: Are Mandatory Arbitration Clauses Enforceable Against Trustees and Beneficiaries
July 2022: What Is Required When Consent To Mandatory Arbitration Is Sought Online
May 2022: Vote ADR in TLI’s 2022 Best of Survey
April 2022: Does an Arbitration Provision Survive an Unenforceable Contract
April 2022: Attorney Salita presents at Aviation Law CLE
March 2022: Judge William E. Baldwin joins ADR Options
March 2022: When Courts Grapple with Unsettled Precedent, Early Mediation May Be Worthwhile
February 2022: When the Dates to File Motions to Confirm and Vacate Arbitration Awards Conflict
January 2022: Enhanced Role of Mediation Updated Stats
2021
December 2021: Are the ADR Provisions in Your Contract and Subcontract Consistent
November 2021: Judge Marc Lovecchio joins ADR Options
October 2021: Beware Asking the Arbitrator to Join in Settlement Discussions
August 2021: Three Best of 2021 Awards
June 2021: Dont Ignore the Procedural Requirements in Arbitration
April 2021: Don’t Forget to Finalize the Mediated Settlement Agreement
April 2021: Art Hankin, Esquire joins ADR Options
March 2021: Thomas Brophy, Esq. Mediator
February 2021: Is Arbitration Confidentiality Lost When an Award is Filed
January 2021: Broken Halos, The Goal of the Mediator is to Balance Assessments
2020
December 2020: Unintentionally Granting Arbitrators the Power to Award Attorney Fees
October 2020: Thomas Brophy Joins ADR Options’ Panel
September 2020: Virtual CLE with Judge Van Jura
September 2020: TLI Best of 2020
August 2020: Setting the Scope of the Arbitrator’s Authority
July 2020: How to select the best mediator for your case
June 2020: Must the Number of Arbitrators Selected by Each Side Be Equal
May 2020: TLI Best of 2020 Survey
April 2020: Manny Pokotilow presents CLE Audiocast
April 2020: Employers – Have You Carefully Reviewed Your Mandatory Arbitration Provisions
April 2020: Mediation and Arbitration Video Conferences
March 2020: Mediation And Arbitration From The Safety Of Your Home
February 2020: Arbitrator Impartiality – What Should be Disclosed
January 2020: ADR Options Announces Intellectual Property Neutral
2019
November 2019: Employee Acceptance of Handbook Arbitration Provisions-Part 2
October 2019: When Does an Employee Accept Employee Handbook Arbitration Provisions
September 2019: ADR Awards and Recognition
July 2019: Beware of Waiving ADR in Your Settlement Agreement
June 2019: A. Roy DeCaro, Esq. joins ADR Options, Inc.
May 2019: Updates on ADR Options’ Judges
April 2019: Understanding the Insurance Company Pre-Suit CLE
March 2019: Is That Decision-Maker an Expert or an Arbitrator
March 2019: PA House Dem panel hears ways to improve harassment policies
January 2019: Waiving or Forfeiting the Right to Arbitrate – Recent Cases Tackle Issue
2018
December 2018: Fall Recognition
November 2018: Ed Gray, Esq. joins ADR Options, Inc
October 2018: Resolving Ambiguities in the Arbitration Agreement
September 2018: ADR Awards and Recognition
July 2018: Modifying an Arbitration Award Due to ‘Evident Miscalculation’
July 2018: George Saba, Jr., Esq. joins ADR Options, Inc
May 2018: Jill Snyder, Esq. joins ADR Options, Inc
March 2018: What Notice Is Required for Mandatory Employee Arbitration
March 2018: Twenty-fifth anniversary means 25% off ADR services
February 2018: What Litigators Need to Know About the Arbitration Juggernaut
January 2018: Who Decides Arbitral Venue – an Arbitrator or the Court
January 2018: A Modest Proposal to Mitigate Sexual Harassment and Misconduct in the Workplace
2017
November 2017: Is This an Agreement to Arbitrate
November 2017: ADR OPTIONS’ NEUTRALS RECOGNIZED
September 2017: Panelist to donate portion of fees to Pediatric Cancer Research
September 2017: Lawyer of the Year and TLE Litigation Summit
August 2017: The Power of Apology in Mediation
July 2017: Seeking Clarification of an Ambiguous Arbitration Award
May 2017: Debunking Arbitration Mediation Myths in Health Care Litigation
April 2017: Avoiding Delay in Bifurcated Arbitration
March 2017: Twenty-four years of serving the legal community newsletter
February 2017: Six Arbitration Agreements And No Arbitration
January 2017: Improving Access to Private Mediation for Limited English Proficient Persons
2016
November 2016: What Happens if the Arbitral Forum or Arbitrator is Unavailable
September 2016: What if the Party is Unable or Unwilling to Pay for Arbitration
August 2016: The Use of Mediation for Construction Accidents
July 2016: Waiving and Reviving the Right to Arbitrate
May 2016: Converting Conflict to Resolution in Fractious Families
April 2016: ADR in Medical Malpractice cases newsletter
January 2016: Announcements, Articles and Accolades
Edward Gray joins ADR Options Panel
Michael Brophy & James O’Connor join ADR Options Panel
2015
August 2015: New Fee Schedules and Neutrals
June 2015: Welcome Judge Stephanie H. Klein (Ret.)
May 2015: What do you gain from a Mock Trial
January 2015: Hon. G. Craig Lord (Ret.)
2014
November 2014: Philadelphia Nationwide Recognition for ADR Options
July 2014: Top in Customer Satisfaction
March 2014: 22nd Year of Resolving Disputes
2012
August 2012: Announcing P. Douglas Sisk, Esq.
February 2012: Hon. Joseph Van Jura (Ret.)
January 2012: Hon. Robert A. Freedberg (Ret.)
2011
December 2011: Domenic Sbrocchi, Esquire