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.
There is an inescapable fact: the relationship between a divorce attorney and a client is, at best, a business relationship.
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation.
Mediation is successful more than 75% of the time, minimising costs in terms of time delays, frustration, and emotional impact on parties and their families.
My mediation skills, honed over many years, make it easy to shift into the role of focus group facilitator.
I am a professional mediator – and a passionate devotee of its virtues. Mediation, however, can take many forms, depending on the individual needs of a particular dispute or its parties.
This article is about the divorce mediation process, including specific recommendations for New Jersey.
The moment Erin walked through the doors of her workplace, she made a beeline towards her office. She greeted a few people, even exchanged a few “how’s it going?” pleasantries.
On March 1st, the International Court of Arbitration of the International Chamber of Commerce’s (“ICC”) newly revised rules designed to enhance efficiency and transparency will become effective.
Child protection cases involve a child who has been removed from their home following a substantiated claim of abuse or neglect.
This article discusses the new Wisconsin Rule Petition 16-04 that expanded the role of lawyer mediators in family law cases.
While the exception to mediation confidentiality has a long way to go before it becomes law in California, I sense that the initial work of the CLRC is just about concluded.
It is my observation that the bully approach is not effective in mediation, although it may be in court.
Direct engagement with a wide range of stakeholders, using the tools of Environmental and Social Impact Assessment, is required.
A member of the Hawaii State House of Representatives has reportedly introduced a bill that would require mediation for certain real estate transactions occurring in the state.
As has been widely reported, the Supreme Court has granted certiorari to review three conflicting decisions among the circuits on the enforceability of an employer’s unilaterally promulgated waiver of employees’ right to participate in collective redress.