Thought Leadership

In Mediation, Right is Irrelevant

New York Law Journal

May 23, 2018 By Michael Starr

Good lawyering advances successful outcomes for our clients in both litigation and ADR.  But the skills that work in trial-like settings (litigation and arbitration) are different from those that work in mediation. The German general Clausewitz reputedly said that “war is politics by other means.” Lawyers who approach mediation as if it were litigation “by other means” miss the opportunity to achieve better outcomes for their clients...[Read More...]

No, Employees Don't Have to Be Paid for Waiting


November 17, 2016 By Michael Starr

A recurring question under federal wage-hour law is whether companies have to pay workers who are waiting to start doing their jobs. The standard rule, as stated by the Supreme Court, is that while workers “engaged to wait” need to be paid, those who are only “waiting to be engaged” do not...[Read More...]


Mediation Advocacy: Strategies for Effective and Ethical Lawyering

Practicing Law Institute (PLI)

November 1, 2017 Lead By Michael Starr

Class Description: Good lawyering can advance a client's objectives in mediation, but the advocacy skills needed are different from what works at trials and hearings. The Nov. 15 One-Hour Briefing, Mediation Advocacy: Strategies for Effective and Ethical Lawyering, will identify strategies for getting better outcomes for clients in mediation, and doing so ethically. Discussion includes: how to communicate intransigence without scuttling the mediation and how to make the mediator an ally in advancing the client's settlement objectives.