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Big New Study on Necessary Lawyering Skills
August 24, 2016
The Institute for the Advancement of the American Legal System released a new “Foundations of Practice” study based on a survey of more than 24,000 lawyers nationwide. The study identifies “foundations” that lawyers need in the short term after graduation. The following are the items that at least 85% of the respondents said were needed: Communication ● listen attentively and respectfully (91.5%) ● respond promptly to inquiries and requests (91.0%) Emotional and Interpersonal...
August 24, 2016
The Institute for the Advancement of the American Legal System released a new “Foundations of Practice” study based on a survey of more than 24,000 lawyers nationwide. The study identifies “foundations” that lawyers need in the short term after graduation. The following are the items that at least 85% of the respondents said were needed: Communication ● listen attentively and respectfully (91.5%) ● respond promptly to inquiries and requests (91.0%) Emotional and Interpersonal...
Federal Courts Teach Arbitration 101 In Recent Opinions
August 24, 2016
While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics. In recent weeks, federal appellate courts have reminded parties who has the burden of proving an agreement to arbitrate, what should happen to the case when arbitration gets compelled, how parties waive their right to arbitration, and what is a “reasoned award.” Burden of Proof The Eleventh Circuit took the opportunity to clarify that...
August 24, 2016
While state courts have been busy articulating novel interpretations of arbitration law this summer, federal courts seem intent on getting back to basics. In recent weeks, federal appellate courts have reminded parties who has the burden of proving an agreement to arbitrate, what should happen to the case when arbitration gets compelled, how parties waive their right to arbitration, and what is a “reasoned award.” Burden of Proof The Eleventh Circuit took the opportunity to clarify that...
Former FBI Hostage Negotiator Has Suggestions on How You Can be a Better Negotiator
August 24, 2016
Chris Voss is a former FBI hostage negotiator who now teaches negotiation techniques. He has a video on YouTube giving some pointers on how you can be a better negotiator Voss says how you use your voice is very important and is driven by context more than anything else. Your tone of voice will immediately impact the other party’s mood. Voss says there is scientific data showing that our brains will work up to 31% more effectively when we are in a good mood. If you smile at the other party...
August 24, 2016
Chris Voss is a former FBI hostage negotiator who now teaches negotiation techniques. He has a video on YouTube giving some pointers on how you can be a better negotiator Voss says how you use your voice is very important and is driven by context more than anything else. Your tone of voice will immediately impact the other party’s mood. Voss says there is scientific data showing that our brains will work up to 31% more effectively when we are in a good mood. If you smile at the other party...
ABA Section of Dispute Resolution Comments on CFPB Rule Proposal
August 23, 2016
The ABA Section of Dispute Resolution recently filed a comment letter on the rule proposal, but confined its comments to the second...
August 23, 2016
The ABA Section of Dispute Resolution recently filed a comment letter on the rule proposal, but confined its comments to the second...
What’s in a Name?: Defining Arbitration Across the Circuits
August 23, 2016
What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance from the U.S. Supreme Court, two lines of cases have developed among the U.S. Courts of Appeals. The split can be traced back to AMF Inc. v. Brunswick Corp., where bowling lane companies agreed to submit...
August 23, 2016
What is “arbitration”? Although courts often use and apply the word, rarely do they stop to define it. While the FAA concerns agreements to “settle by arbitration a controversy,” the FAA does not define “arbitration,” leaving the question to the courts. Lacking definitive guidance from the U.S. Supreme Court, two lines of cases have developed among the U.S. Courts of Appeals. The split can be traced back to AMF Inc. v. Brunswick Corp., where bowling lane companies agreed to submit...
Mediation is About Cutting a Business Deal
August 23, 2016
Some keys to mediation success: Submit a brief that outlines the facts of the case and the applicable law. Focus on the key issues,...
August 23, 2016
Some keys to mediation success: Submit a brief that outlines the facts of the case and the applicable law. Focus on the key issues,...
New Book on Business ADR
August 22, 2016
An introduction by immediate past ABA President Paulette Brown sets the tone by encouraging the increased use of “forms of mediation and arbitration that return us to the essential, direct and straightforward way of helping clients do business efficiently.” Chapters include studies of dispute resolution methods in employment (Hugh Christie and Joe Semo), Bankruptcy and Restructuring (Timothy Bow, Howard Brownstein, Jerry Markowitz and Scott Stuart), Mergers and Acquisitions (John Levitske...
August 22, 2016
An introduction by immediate past ABA President Paulette Brown sets the tone by encouraging the increased use of “forms of mediation and arbitration that return us to the essential, direct and straightforward way of helping clients do business efficiently.” Chapters include studies of dispute resolution methods in employment (Hugh Christie and Joe Semo), Bankruptcy and Restructuring (Timothy Bow, Howard Brownstein, Jerry Markowitz and Scott Stuart), Mergers and Acquisitions (John Levitske...
Is Refusal To Pay Fees A Way Out Of Arbitration?
August 22, 2016
The 9th Circuit recently allowed a claimant to proceed in court after her arbitration had been terminated due to her failure to pay half the arbitration fees. Tillman v. Tillman, __ F.3d __, 2016 WL 3343785 (9th Cir. June 15, 2016). The case involved a client’s malpractice claim against her lawyers, which was stayed by the federal court after the lawyers compelled it into arbitration. At some point in arbitration, the client was unable to pay the $18,562.50 the AAA required to continue...
August 22, 2016
The 9th Circuit recently allowed a claimant to proceed in court after her arbitration had been terminated due to her failure to pay half the arbitration fees. Tillman v. Tillman, __ F.3d __, 2016 WL 3343785 (9th Cir. June 15, 2016). The case involved a client’s malpractice claim against her lawyers, which was stayed by the federal court after the lawyers compelled it into arbitration. At some point in arbitration, the client was unable to pay the $18,562.50 the AAA required to continue...
Does Having a Plan B Sabotage Your Plan A?
August 22, 2016
A recent research study (Shin and Milkman, 2016) revealed the dangers and risks of having a “Plan B" when you truly want your “Plan A” to succeed. The researchers found that once you begin thinking about a fallback plan, your desire to achieve your ultimate goal decreases. The researchers conducted a series of three experiments in which people were asked to think about an alternate plan in the event that their original effort were to fail. They found that those who were encouraged to develop...
August 22, 2016
A recent research study (Shin and Milkman, 2016) revealed the dangers and risks of having a “Plan B" when you truly want your “Plan A” to succeed. The researchers found that once you begin thinking about a fallback plan, your desire to achieve your ultimate goal decreases. The researchers conducted a series of three experiments in which people were asked to think about an alternate plan in the event that their original effort were to fail. They found that those who were encouraged to develop...
The Joy of Data
August 21, 2016
Ok, I stole the title of this piece from the BBC4 TV programme of the same name first broadcast on Wednesday 20 July 2016. As one of the speakers said, “the proper use of data reduces uncertainty” and that just about sums it all up. Smart people use data to get things right. Far from being the modern fashion that phrases like ‘Big Data’ might have us believe it was the Victorian statistician William Farr who got things going with his in-depth analysis of the London population census...
August 21, 2016
Ok, I stole the title of this piece from the BBC4 TV programme of the same name first broadcast on Wednesday 20 July 2016. As one of the speakers said, “the proper use of data reduces uncertainty” and that just about sums it all up. Smart people use data to get things right. Far from being the modern fashion that phrases like ‘Big Data’ might have us believe it was the Victorian statistician William Farr who got things going with his in-depth analysis of the London population census...
