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EDGE: Imagining Conflict Resolution
November 28, 2013
"The advantage of neuroscience is being able to look under the hood and see the mechanisms that actually create the thoughts and the behaviors that create and perpetuate conflict. Seems like it ought to be useful. That's the question that I'm asking myself right now, can science in general, or neuroscience in particular, be used to understand what drives conflict, what prevents reconciliation, why some interventions work for some people some of the time, and how to make and evaluate better ones."
November 28, 2013
"The advantage of neuroscience is being able to look under the hood and see the mechanisms that actually create the thoughts and the behaviors that create and perpetuate conflict. Seems like it ought to be useful. That's the question that I'm asking myself right now, can science in general, or neuroscience in particular, be used to understand what drives conflict, what prevents reconciliation, why some interventions work for some people some of the time, and how to make and evaluate better ones."
Books I’ve Loved (Which Can Be Applied to Your Practice)
November 28, 2013
With daylight savings upon us, we’re now back in the dark season, or as I prefer to think of it, the season of reading. Those of you who have read my book reviews and followed my work know that I am a big fan of psychology and neuroscience. After all, if you want to know how to negotiate better, you need to understand how to make better decisions and what’s going on for the decision-makers across the table. Against the Gods In that vein, I highly recommend Peter L. Bernstein’s Against...
November 28, 2013
With daylight savings upon us, we’re now back in the dark season, or as I prefer to think of it, the season of reading. Those of you who have read my book reviews and followed my work know that I am a big fan of psychology and neuroscience. After all, if you want to know how to negotiate better, you need to understand how to make better decisions and what’s going on for the decision-makers across the table. Against the Gods In that vein, I highly recommend Peter L. Bernstein’s Against...
The Scientific Study of Positive Emotion
November 28, 2013
What I'm really interested in is the science of human emotion. In particular, what's captivated my field and my interest the most is trying to understand positive emotions. Not only the ways in which perhaps we think they're beneficial for us or confer some sort of adaptive value, but actually the ways in which they may signal dysfunction and may not actually, in all circumstances and in all intensities, be good for us. I thought I'd first start briefly with a tale of positive emotion. It's a really...
November 28, 2013
What I'm really interested in is the science of human emotion. In particular, what's captivated my field and my interest the most is trying to understand positive emotions. Not only the ways in which perhaps we think they're beneficial for us or confer some sort of adaptive value, but actually the ways in which they may signal dysfunction and may not actually, in all circumstances and in all intensities, be good for us. I thought I'd first start briefly with a tale of positive emotion. It's a really...
JAMS Supports the ABA’s Planned Early Dispute Resolution Project
November 27, 2013
In the interest of saving time and money, the ABA Dispute Resolution has launched a user guide to help parties and lawyers...
November 27, 2013
In the interest of saving time and money, the ABA Dispute Resolution has launched a user guide to help parties and lawyers...
Nevada Supreme Court Protects Confidentiality of Foreclosure Mediation Program Records
November 27, 2013
Last week, the Nevada Supreme Court rejected a non-profit organization’s request to examine records created as part of the state’s...
November 27, 2013
Last week, the Nevada Supreme Court rejected a non-profit organization’s request to examine records created as part of the state’s...
Fee Foresight: Contingency Cases Important for Large Commercial Firms
November 27, 2013
A big question for large Texas traditional civil law firms used to be whether they wanted to represent clients on a contingency fee basis. Now the question is: How many of those cases do they want to sign up? "When I became managing partner, I began looking at this very issue," said Emily Parker, who took the reins at Dallas' Thompson & Knight in February 2012. While contingency fee contracts long have been the province of solos and plaintiff law firms, defense-oriented Thompson &...
November 27, 2013
A big question for large Texas traditional civil law firms used to be whether they wanted to represent clients on a contingency fee basis. Now the question is: How many of those cases do they want to sign up? "When I became managing partner, I began looking at this very issue," said Emily Parker, who took the reins at Dallas' Thompson & Knight in February 2012. While contingency fee contracts long have been the province of solos and plaintiff law firms, defense-oriented Thompson &...
Arbitration Panel to Reconsider Binding Agreement Between Armstrong and SCA Promotions
November 27, 2013
In an interesting twist, a three-member arbitration panel will reportedly consider an appeal related to a 2005 arbitration agreement between Lance Armstrong and Dallas-based SCA Promotions, Inc. Despite that the dispute between the athlete and the Texas insurer was settled in a binding agreement eight years ago, the arbitrators stated the panel “will exercise jurisdiction to determine and make a final award resolving any disputes between or among Tailwind Sports Corp., Lance Armstrong and SCA Promotions,...
November 27, 2013
In an interesting twist, a three-member arbitration panel will reportedly consider an appeal related to a 2005 arbitration agreement between Lance Armstrong and Dallas-based SCA Promotions, Inc. Despite that the dispute between the athlete and the Texas insurer was settled in a binding agreement eight years ago, the arbitrators stated the panel “will exercise jurisdiction to determine and make a final award resolving any disputes between or among Tailwind Sports Corp., Lance Armstrong and SCA Promotions,...
Ebner on Negotiation via (the New) Email
November 27, 2013
Noam Ebner (Creighton) has posted his new article, Negotiation via (the New) Email, to SSRN. The abstract: While certainly one of the most familiar modes for online communication, email is a constantly shifting entity. This chapter explores common pitfalls encountered in negotiating via email as well as advantages the medium offers, and offers best practices for negotiating through this communication channel. In a significant update to the existing literature, this chapter describes the changes...
November 27, 2013
Noam Ebner (Creighton) has posted his new article, Negotiation via (the New) Email, to SSRN. The abstract: While certainly one of the most familiar modes for online communication, email is a constantly shifting entity. This chapter explores common pitfalls encountered in negotiating via email as well as advantages the medium offers, and offers best practices for negotiating through this communication channel. In a significant update to the existing literature, this chapter describes the changes...
Why Texans Are Poised for the Future of the Legal Biz
November 26, 2013
"Tomorrow's Lawyers: An Introduction to Your Future" from British lawyer/futurist Richard Susskind is, by turns, inspiring...
November 26, 2013
"Tomorrow's Lawyers: An Introduction to Your Future" from British lawyer/futurist Richard Susskind is, by turns, inspiring...
Contractarian Economics and Mediation Ethics: The Case for Customizing Neutrality Through Contingent Fee Mediation
November 26, 2013
Imagine the following hypothetical. A divorcing couple is well into litigation over the division of their marital property. Although they and their attorneys have attempted settlement at various moments in the two-year dispute, negotiations have failed to resolve their differences. They are about to go to trial when a mutual friend suggests that they attempt mediation. Both parties are skeptical about another attempt at settlement; each has heard unfavorable things about mediation. But each...
November 26, 2013
Imagine the following hypothetical. A divorcing couple is well into litigation over the division of their marital property. Although they and their attorneys have attempted settlement at various moments in the two-year dispute, negotiations have failed to resolve their differences. They are about to go to trial when a mutual friend suggests that they attempt mediation. Both parties are skeptical about another attempt at settlement; each has heard unfavorable things about mediation. But each...
