Mediation of real estate disputes

July 11, 2019

Should Fee Shifting Provisions Condition Recovery of Attorneys’ Fees on Participation in Mediation Before a Lawsuit is Filed?

Josh Fruchter
To deter parties from taking frivolous positions in connection with contractual relationships, agreements often contain fee shifting provisions that entitle a prevailing party to recover reasonable attorneys’ fees in any litigation arising under the agreement. The downside of fee shifting provisions, of course, is that they may deter parties from..
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June 11, 2019

Using Charitable Donations to Resolve Disputes in Mediation

Josh Fruchter
I’ve occasionally read about disputes that were resolved in whole or in part through a charitable donation. I recently had an opportunity to use this technique to mediate a dispute between a landlord and a tenant over the condition of the premises vacated by the tenant at the conclusion of..
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May 29, 2019

Why Didn’t Amazon and New York City Mediate? A Pitch for Transactional Mediation

Josh Fruchter
It seemed a match made in heaven. On November 13, 2018, after over a year of entertaining bids, proposals and presentations from over 100 cites, Amazon announced that it had selected the Long Island City, Queens neighborhood in New York City as one of two locations for its new headquarters..
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May 10, 2019

Focus on Business Interests: The Case of the Sinking Warehouse

David Albalah
With nearly 30 years of experience mediating business conflicts, it remains my firm conviction that to consistently reach mutually beneficial settlements of commercial disputes, the mediation process must be structured to enable business decision makers to address the underlying business interests of the dispute. One of the expectations emerging from..
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