We all have cognitive biases.
I share a tale of two wrongful dismissal mediations conducted weeks’ apart.
The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.
The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.
A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.
This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.
Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.
"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."
“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.
On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.
The California Law Revision Commission has issued its draft recommendations for an amendment to the Evidence Code carving out a new exception to mediation confidentiality.
Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.
In this post, we look at the kind of mediation we are proponents of – early mediation (we call ours “3-D Mediation”) – used either as an alternative to litigation entirely or used very early in the litigation process.
Although the DOJ brief is unlikely to have much impact on the high court’s ultimate decision in the consolidated cases, the Department’s abrupt U-turn in a pending Supreme Court case is both interesting and unusual.
Is it time to revise the Model Standards for Mediators?
When a couple with children decide that it is time to divorce it is important for them to remember they are not divorcing their children, nor are they divorcing their shared role as parent.
By now we should all be familiar with what "cognitive bias" is: a mistake in reasoning or decision-making that is caused by sticking to our own pre-conceived ideas based upon personal preferences or feelings.
A few months ago we posted disconcerting news of a dissatisfied party to a California arbitration who, rather than seeking to vacate the award pursuant to state or federal arbitration statutes, sued the arbitrator and the service provider, alleging that the arbitrator’s qualifications had been misrepresented on the provider’s website.
The use of the joint session in mediation has been a hot topic of study and debate in recent years.
Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.
In the analyses of this week's budget deal, whether from the politicians of both parties or from the pundits, mostly we are hearing about which side scored the most points.
Andrea was kind enough to forward me a copy of her acceptance speech from Saturday. As you might expect it was inclusive, clever and funny. If you had to leave early and missed the luncheon, the text is included below. Make sure you read it in Andrea’s voice to get the full effect! ~ Kelly Browe Olson
An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.
It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.
In the past week the Internet went ablaze with news reports of United Airlines passenger Dr. David Dao’s merciless ejection from a Louisville-bound flight.