Elayne E. Greenberg
St. John’s University School of Law
NYSBA New York Dispute Resolution Lawyer, Fall 2012, Vol. 5, No. 2
St. John’s Legal Studies Research Paper No. 15-0025
This column discusses how lawyers who serve as mediators and arbitrators might more accurately and ethically monetize “the value added” they bring to parties through creative fee structures, beyond traditional hourly or daily fees. To engage in this discussion, dispute resolution practitioners are encouraged to adopt a more realistic and nuanced perspective about what mediator and arbitrator impartiality actually means in the context of ethical billing paradigms and forgo our long-held, unattainable concept of mediator and arbitrator impartiality.