Below is a sampling of some articles authored by David Lichter
- Imposing Sanctions January 23, 2026By amending the sanctions regime in the Employment Arbitration Rules in May 2025, the American Arbitration Association® (AAA®) has aligned these rules with the Commercial, Construction, and Payor/Provider Rules. In so doing, the AAA has made explicit what was arguably implicit prior to the amendments. The bases for arbitral proscriptions, however, do not depend solely ...
- A Neutral’s View of Preliminary Arbitration Issues April 14, 2021I am not a transactional lawyer. As a long-time neutral, however, I have the opportunity to review arbitration clauses at the beginning of every case, occasionally interpret them and see the effects that those differing clauses have on the conduct of an arbitration. To view the original article Click Here
- Speak Firmly and Carry a Native American Talking Stick: Calming Turbulent Waters Using an Ancient Tradition July 26, 2019As a former litigator and now full-time ADR professional, I serve as a court-appointed special master from time to time. I have recently presided over a complex business dispute involving multiple parties that has been dragging on for years. The case has been hotly litigated and there have been motions to compel, for sanctions and ...
- 12 Arbitration Tips to Reduce Stress, Increase Opportunities October 7, 2014Arbitration is not only an effective way of resolving a dispute, it also has several advantages over the courtroom. An arbitration hearing creates less stress and can present more opportunity. It can even be fun—if you’ve done your homework to avoid common pitfalls.
- How to Get What You Want in Mediations: Prepare Yourself Procedurally, Substantively and Psychologically March 1, 2013Preparing for mediations requires much more than evaluating legal and procedural issues. It’s critical for attorneys to balance the four hats they wear: advisors, advocates for justice, negotiators, and evaluators of proposed settlements.
- A Practical Path Towards Better Mediations December 26, 2007While every mediation has a different set of facts and legal arguments. they still share many similarities. This is one of my observations during the last 25 years as a mediator and litigator. And while each mediation has its own course and pace. with no One True Path toward settlement, we can glean helpful information ...
- Improving your Mediation Experience September 26, 2006Practical Tips and Suggestions: While securities mediations deal with different facts and arguments, they nevertheless share many similarities. That, at least, has been my observation over the years as a mediator and practitioner. And while each mediation has its own course and pace, with no One True Path toward settlement, helpful information can be gleaned from ...
