Henry Schein Redux – The Appeals Court Decides “The Placement of the Carve-Out is Dispositive”
You may recall that the US Supreme Court last term in Henry Schein, Inc. v. Archer and White Sales, Inc. rejected a “wholly groundless” exception to its general principles allocating arbitrability issues between court and arbitrator.
Tittle Tattle is the Battle: The Army Mediation Service
Centralized coordination of the Army mediation has proved critical to its success.
Mediating My Own Disputes
There is an adage that a person who is her own lawyer, has a fool for a client, meaning that representing yourself is a foolish.
How Meditation Can Help During Mediation
If you're going through a divorce or a rough business settlement, it's safe to say your life has been stressful lately.
The “ABC Test” is Retroactive!
In 2018, the California Supreme Court drastically changed the employment law landscape in California by adopting the “ABC Test” for determining whether workers are employees ( and not independent contractors) under California wage order laws.
The Need to Be Right
One of the many attitudes to conflict that derails interpersonal conflicts (and most conflicts, really) is a need to be right
The Linctus of Choosing a Mediator
Mediation is now the toast of the day in America, Canada, Australia, the UK and many parts of the European Union.
HOBAS: Understanding the Data Behind U.S. Crisis Hostage Negotiation
Working with the FBI, I had access to the Hostage Barricade Database System (HOBAS) and put out what I believe to be is the most current up-to-date information on law enforcement negotiation statistics.
New Jersey Statute Regulates Settlement Agreements
Many New Jersey mediators consider it their responsibility to encourage parties’ counsel, when drafting an MOU memorializing a settlement agreement at the end of a mediation, to include words to the effect that, while further documentation is contemplated, the parties agree to be bound by the terms in the MOU.
Two Shrewd Legislative Negotiators / Mediators
This is a little-known story of how Barbara Jordan mediated a comprehensive agreement on immigration policy.
How Can We Sell The Mediation Product If We Haven’t Worked Out What It Is?
I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up.
Strategy v Policy
For quite a while a staff member had requested more work on “policy,” anticipating that working on policy would provide greater qualifications for a promotion.
Why Investigations Always Need to Look Twice
A lorry driver who’d just arrived at an depot was spotted weeing over pallets used for the delivery of food.
A Lawyer Who Likes to Coach: What’s Up with That?
In many ways, what coaches and lawyers do in the work place is very similar, just from a different point of view.
The NFL’s Moral Disengagement
There are approximately eight different ways to morally disengage, and I examine how this related to the NFL.
Canadian Ombudsman Impartiality Is a Delicate Balance
The recent announcement that another major Canadian bank is withdrawing from the national banking ombudsman service in favour of a private dispute resolution service for customer banking complaints raises interesting questions about independence and impartiality.
Peacemaking: The Fulfillment of the Legal Profession
"If you want to make peace with your enemy then work with your enemy. Then he becomes your partner." ~ Nelson Mandela
Are We Done Yet?
If parties are successful in reaching an agreement at the end of a long day (or more) of mediation, one of the final challenges is preparing a written document everyone can sign to capture the terms of the settlement.
Every Dispute is Two Disputes
The theme of the session was that while being intelligent is good, it is also very important to have emotional intelligence; the ability to tap into the emotions of others, or to read people.
Saving Homes, Building Understanding
This new evaluation looks at four-plus years of data across eight different programs to provide a comprehensive analysis of foreclosure mediation in Illinois, and to highlight how differences in program models impacted outcomes.
Ethical Fading
Typically, before I discuss the topic of mediation ethics with my students, I delve into the topic of “negotiation ethics” in general.
Blind Justice: Can Individuals Be Bound to Arbitration Clauses They Can’t Read?
The First U.S. Circuit Court of Appeals in Boston recently declined to enforce an arbitration clause in the Container Store’s loyalty program against blind customers.
Too Many Cooks in the Kitchen!
I just finished conducting a mediation (lemon law) which did not settle. And I think I know the reason.
My Favorite Resource Featuring Catherine Geyer
Our series, My Favorite Resource, features interviews with our court ADR friends across the country to learn about their favorite resource.
What Do Litigants Really Want?
This discusses the article "Inside the Mind of the Client."