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Phyllis Pollack

Why You Should Avoid Trial and Mediate Instead!

(9/22/17)Phyllis Pollack

We all have cognitive biases.

Bernard Morrow

Joint Session: A Tale of Two Mediations

(9/14/17)Bernard Morrow

I share a tale of two wrongful dismissal mediations conducted weeks’ apart.

Richard Posell

How ADR Can Help Keep Confidential Agreements Confidential

(9/08/17)Richard Posell

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.

John Lande

Dealing with Causes as Well as Symptoms of Law Students' and Lawyers' Lack of Well-Being

(8/25/17)John Lande

The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.

Shirli Kirschner

Access to Justice and ADR

(8/18/17)Shirli Kirschner

A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.

Steven Platt

Litigation vs ADR – Different Strokes for Different Folks

(8/18/17)Steven Platt

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”.

Joy Rosenthal

Prenup? That’s Good News!

(8/08/17)Joy Rosenthal

Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.

Jeff Thompson

Bill Richardson: America’s hostage negotiation strategy is broken

(7/28/17)Jeff Thompson

"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."

Michael A. Zeytoonian

If You Want Your “Day in Court”, Don’t Go to Court

(7/28/17)Michael A. Zeytoonian

“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.

Bruce Edwards

The ADR Imperative to Ensure Access to Justice

(7/07/17)Bruce Edwards

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.

Joe Markowitz

California Law Revision Commission Recommendations

(6/30/17)Joe Markowitz

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.

Martin Svatos

WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation

(6/30/17)Martin Svatos

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.

Michael A. Zeytoonian

The Case for Early Mediation; Part II of II

(6/23/17)Michael A. Zeytoonian

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.

Beth Graham

DOJ Flips on Class Waivers Issue

(6/23/17)Beth Graham

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.

Sarah Cole

Model Standards of Mediator Conduct: Time for Revision?

(6/09/17)Sarah Cole

Is it time to revise the Model Standards for Mediators?

Jacqueline Burnett-Brown

It Takes A Solomon: Tearing Children Apart in Divorce

(6/02/17)Jacqueline Burnett-Brown

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.

Michael P. Carbone

Cognitive Bias Revisited

(5/26/17)Michael P. Carbone

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.

F. Peter Phillips

Verdict in JAMS Lawsuit

(5/26/17)F. Peter Phillips

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.

Bernard Morrow

Study: Results Point to the Value of a Joint Session

(5/26/17)Bernard Morrow

The use of the joint session in mediation has been a hot topic of study and debate in recent years.

Jan Frankel Schau

If I Were a Rich Man–and Other Strategies for Appealing to the Wealthy Defendant in Mediation

(5/22/17)Jan Frankel Schau

Studies demonstrated that wealthier people are far less likely to donate to charity if the appeal comes as something “for the greater good”.

Joe Markowitz

Winning

(5/08/17)Joe Markowitz

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 Schneider

Andrea Schneider's Award Acceptance Speech

(4/28/17)Andrea Schneider

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

Best Practices for Managing Wills Between Family Members

(4/28/17)Elaine Rushing

An “unnatural” disposition in a decedent’s will can cause intra-family conflict, and will contests are often expensive and lengthy.

Dan Simon

Litigation–Style Mediation Has Got to Go

(4/21/17)Dan Simon

It’s entirely understandable that retired judges and experienced litigators would want to work as mediators.

Art Hinshaw

Aragaki - The Dao of Friendly Skies

(4/21/17)Art Hinshaw

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.

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