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Ten Mistakes to Avoid at Mediation – Improving the Odds for a Resolution

Speaker(s): Hon. John P. DiBlasi
Recorded on: May. 31, 2017
PLI Program #: 215967

For four years in a row, Hon. John P. DiBlasi has been ranked the #1 Mediator in the United States by the 2017 National Law Journal Reader Rankings Survey. He was named a 2016 National Law Journal Alternative Dispute Resolution Champion, as part of a select group of only 48 nationwide. Hon. DiBlasi was also ranked one of the Top Ten Mediators in the 2016 New York Law Journal Annual Survey for the seventh consecutive year and was selected a 2016 Super Lawyer by Super Lawyer Magazine for the fourth year in a row.

Judge DiBlasi’s ADR practice encompasses a wide and varied range of cases, inclusive of commercial, class actions, civil rights, corporate dissolution, employment, debtor/creditor, investor fraud, libel and slander, professional liability—breach of loyalty/fiduciary duty, usury as well as multi-party catastrophic personal injury actions. Judge DiBlasi is based in New York City but also hears cases throughout the country. In addition to hearing cases throughout New York State, he has handled significant, high-stakes matters in Boston, Chicago, Hartford, Las Vegas and Miami.

Judge DiBlasi’s many years of experience as a full-time arbitrator and mediator in commercial disputes are supplemented by his past tenure as the presiding justice of the commercial division of the Supreme Court, where he resolved hundreds of matters. As the first justice of the commercial part in the court in which he sat, he developed the rules for discovery practice and for the trial of commercial matters which are similar to those used in the federal courts. While on the bench, he presided over complex commercial litigation involving contracts, employment, real property/land use matters and environmental litigation, and developed extensive experience in the trial and settlement of complex commercial and personal injury matters. Judge DiBlasi created the Commercial Alternative Dispute Resolution Program, which was successfully implemented by the Court.

As a mediator, Judge DiBlasi has developed a reputation for settling the most complex matters and is persistent in following up with parties after the mediation in an effort to assist the parties in reaching and finalizing a resolution. As a commercial arbitrator, he has the skills necessary to digest and analyze expert testimony, complex contracts and documents, as well as the ability to render prompt and reasoned
decisions. Although Judge DiBlasi’s experience encompasses a wide-variety of subject matter expertise, he can take on almost any subject matter that is brought before him, as he is known to be well prepared and adept at comprehending even the most challenging issues.

Judge DiBlasi has mediated and/or arbitrated hundreds of cases involving commercial matters, complex insurance coverage issues among multiple defendants; complex land use actions inclusive of large commercial developments, municipal projects, and allegations of noncompliance with SEQRA; and employment law matters involving sexual harassment, wrongful termination, claims under the Employee Retirement Income Securities Act, retaliation cases involving in-house “open door” policies, tortious interference with employment contracts and prospective business relations; toxic tort, and other complex catastrophic personal injury actions.