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February 2025 Welcome Welcome and Happy New Year to readers of Making the Connection!     In this issue, you will find:  In Focus: Escalation as a Step in Resolving Disputes Question of the Month, explaining why the parties must attend mediation sessions Case on Point,  discussing contractual limitations provisions in insurance contracts At the Podium, listing my speaking engagements and public appearances Client Corner, spotlighting client events and announcements In Focus Escalation as a Step in Resolving Disputes Often, I see attorneys posting requests on listservs for sample complaints seeking judicial relief for relatively minor issues, such as allegedly libelous online reviews or faulty automobile repairs. In my experience, many of these issues can be addressed satisfactorily through negotiation, or by obtaining the assistance of a neutral third party such as the Better Business Bureau or the Consumer Frauds Bureau of the New York State Attorney General's Office. However, litigation is rarely a prompt or effective way to resolve such issues. One approach that is often overlooked is to escalate the issue to someone in upper management with potential interest in and authority to resolve it. This could be the head of consumer affairs, the general counsel, the Ombuds, the COO, or the CFO. (It may take some research on the company website or LinkedIn to identify an appropriate person and their contact information). Recently, I had an issue with newspaper delivery at my new residence.  Customer service had been outsourced to a company that lacked the capacity to contact the outsourced delivery service directly.  After several weeks, I brought the problem to the attention of the CFO, and it was immediately rectified.  Escalation is often included in a contract as a step in the dispute resolution process.  The clause may designate the specific executives to whom a dispute should be escalated before any other dispute resolution process is invoked.  Question of the Month Q: Why must parties themselves attend mediations? A: Often, counsel for the parties do not ask their clients to attend mediations.  Rather, they meet with their clients ahead of time to obtain settlement authority, and then negotiate within the bounds of that authority.  They may assert that having their clients available by telephone is an adequate substitute. However, the benefit of mediation is that parties may  learn about facts or perspectives they were previously unaware of; share previously undisclosed information with their adversaries; and generate or discuss creative solutions. Any of these developments may prompt the parties to reconsider their settlement positions. If the parties are not in attendance, but only available by telephone, they only learn about new information or developments in a delayed and second-hand way.  This can hamper their ability to respond or negotiate effectively. Case On Point Farage v Associated Ins. Mgt. Corp. (N.Y. Ct. of App. 2024) Plaintiff Regina Farage owned an apartment building which was damaged by fire in 2014.  She was insured under a "replacement cost" policy which specified that no action could be brought under it  more than two years after the damage occurred; before repairs were completed; or if the repairs were not made promptly. Farange did not file suit until 2020, six years after the fire.  The defendant moved to dismiss, based on the contractual limitations period. The Court of Appeals affirmed the dismissal, observing that reasonable contractual limitations provisions that are shorter than the applicable statute of limitations are generally enforceable. The Court distinguished a prior case where the insured made prompt and diligent efforts to complete repairs, but could not do so within the contractual limitations period.  The Court also observed that plaintiff's contentions that the insurer prevented her from completing repairs were devoid of specifics. ___________________________________________________________________________________________________ At the Podium This is a listing of speaking engagements, workshops, events and other public appearances.  To book me as a speaker or facilitator at your next company, client or association function, contact me at lisa@lisapom.com.            Join me on February 12, 2025, from noon to 1:00 pm when I will facilitate a Moxxie Network Meet the Members networking event entitled The Art of Making Useful Connections. Click here for information and registration. Client Corner Client Corner features client announcements and events of potential interest to readers. Elizabeth Sanchez Vaughan, Creative Principal of In-Site Interior Design, is honored to serve on the Board of the American Institute of Architects Queens (AIA Q). She looks forward to contributing to the mission and helping to grow the Chapter! © 2025, Lisa Renee Pomerantz. All rights reserved.

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