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By the Way, You Just Disarmed a Difficult Person
November 6, 2013
Many times when dealing with difficult people, you might feel like that person is dominating the conversation. One simple tool to deal with that dominating conversational behavior is to change the topic. Think of the conversation as a dance and the difficult person is leading the dance/conversation. All you have to do is take lead, and change the music. If done correctly, that deflection can easily force the person to change gears. When he or she does that, they may end up moving away from...
November 6, 2013
Many times when dealing with difficult people, you might feel like that person is dominating the conversation. One simple tool to deal with that dominating conversational behavior is to change the topic. Think of the conversation as a dance and the difficult person is leading the dance/conversation. All you have to do is take lead, and change the music. If done correctly, that deflection can easily force the person to change gears. When he or she does that, they may end up moving away from...
CPR Adds Another Major Feature To Its Toolbox
November 6, 2013
Metropolitan Corporate Counsel Editor: Why has CPR introduced administered arbitration rules? Bryan: For over 30 years, top-flight global lawyers have used CPR’s non-administered rules to resolve commercial disputes. In response to users’ requests, CPR is now offering administered arbitration rules for those requiring an administering authority. They became effective July 1, 2013. With more worldwide companies signing CPR’s Corporate Policy Statement on Alternatives to Litigation and the 21st...
November 6, 2013
Metropolitan Corporate Counsel Editor: Why has CPR introduced administered arbitration rules? Bryan: For over 30 years, top-flight global lawyers have used CPR’s non-administered rules to resolve commercial disputes. In response to users’ requests, CPR is now offering administered arbitration rules for those requiring an administering authority. They became effective July 1, 2013. With more worldwide companies signing CPR’s Corporate Policy Statement on Alternatives to Litigation and the 21st...
Waiting for the Texas Supreme Court to Define (or Reject) Minority Shareholder Oppression
November 5, 2013
The Texas Supreme Court is currently considering three cases that could drastically alter the legal landscape for owners of closely-held corporations. Each case was brought by a minority shareholder alleging that the majority shareholders had wielded their power so as to unfairly prejudice or “oppress” the minority. The minority shareholders all prevailed in front of Dallas juries on the theory of “shareholder oppression,” but then had mixed results in the Dallas Court of Appeals. The Texas...
November 5, 2013
The Texas Supreme Court is currently considering three cases that could drastically alter the legal landscape for owners of closely-held corporations. Each case was brought by a minority shareholder alleging that the majority shareholders had wielded their power so as to unfairly prejudice or “oppress” the minority. The minority shareholders all prevailed in front of Dallas juries on the theory of “shareholder oppression,” but then had mixed results in the Dallas Court of Appeals. The Texas...
Depersonalizing the Difficult Person, A Good Strategy
November 5, 2013
The theme of difficult people keeps coming up in mediation. Maybe this is the case because often times the difficult situation creates the difficult person. In other words, people become difficult because they want something and either you won’t give it to them, or you can’t give it to them. Sometimes, the difficult person is simply reacting to you; and you perceive him as difficult and he considers you the same way. There are many strategies to deal with difficult people. One of them...
November 5, 2013
The theme of difficult people keeps coming up in mediation. Maybe this is the case because often times the difficult situation creates the difficult person. In other words, people become difficult because they want something and either you won’t give it to them, or you can’t give it to them. Sometimes, the difficult person is simply reacting to you; and you perceive him as difficult and he considers you the same way. There are many strategies to deal with difficult people. One of them...
ABA’s Planned Early Dispute Resolution Task Force Publishes User Guide
November 5, 2013
The American Bar Association’s Planned Early Dispute Resolution (“PEDR”) Task Force has published a User Guide for Planned...
November 5, 2013
The American Bar Association’s Planned Early Dispute Resolution (“PEDR”) Task Force has published a User Guide for Planned...
Protecting Arbitral Jurisdiction of The Merits With a Foreign Anti-suit Injunction
November 5, 2013
The pro-arbitration foreign anti-suit injunction is not mentioned in the text of the New York Convention or the U.S. Arbitration Act (FAA). But its importance to the enforcement of agreements to arbitrate transnational disputes is considerable. To be reminded of this, read a recent New York federal district court decision granting such an injunction:Bailey Shipping Ltd. v. American Bureau of Shipping, 2013 WL 5312540 (S.D.N.Y. Sept. 23, 2013). Or continue reading this Commentary. A definitional...
November 5, 2013
The pro-arbitration foreign anti-suit injunction is not mentioned in the text of the New York Convention or the U.S. Arbitration Act (FAA). But its importance to the enforcement of agreements to arbitrate transnational disputes is considerable. To be reminded of this, read a recent New York federal district court decision granting such an injunction:Bailey Shipping Ltd. v. American Bureau of Shipping, 2013 WL 5312540 (S.D.N.Y. Sept. 23, 2013). Or continue reading this Commentary. A definitional...
What to Do When Negotiation Turns to Squabbling
November 5, 2013
Negotiators—whether politicians or homebuyers—begin with bold concessions which rapidly shrink the gulf between opposing sides. But like curves approaching an asymptote in geometry, as they near an agreement they level off and struggle to bridge the final, though trivial, gap. The effect of their ongoing quarreling is that, by the end, their motivating goal is not so much to strike a deal or make a sale as to make the other side yield, on no matter how minor a point. The fact of winning a concession...
November 5, 2013
Negotiators—whether politicians or homebuyers—begin with bold concessions which rapidly shrink the gulf between opposing sides. But like curves approaching an asymptote in geometry, as they near an agreement they level off and struggle to bridge the final, though trivial, gap. The effect of their ongoing quarreling is that, by the end, their motivating goal is not so much to strike a deal or make a sale as to make the other side yield, on no matter how minor a point. The fact of winning a concession...
Employment Update: What You Need to Know About Telecommuting and Unpaid Interns
November 4, 2013
This year has seen two important employment-related issues garner significant media attention. In April 2013, Yahoo! Inc. (“Yahoo”) made headlines when its CEO officially discontinued the company’s telecommuting policy and required all employees to report for work in their respective offices. Other companies, including Best Buy, followed. Several months later, Fox Searchlight Pictures found itself in an unwelcome spotlight after being found to have violated federal and state labor laws...
November 4, 2013
This year has seen two important employment-related issues garner significant media attention. In April 2013, Yahoo! Inc. (“Yahoo”) made headlines when its CEO officially discontinued the company’s telecommuting policy and required all employees to report for work in their respective offices. Other companies, including Best Buy, followed. Several months later, Fox Searchlight Pictures found itself in an unwelcome spotlight after being found to have violated federal and state labor laws...
Lying and Mediation
November 4, 2013
Its interesting to me that when you Google “lying” and “mediation” you are redirected to “lying” (as in lying down) and “meditation”. Recently my attention was drawn back to the old issue of deception in mediation. It’s an issue that mediators, lawyers and parties engaged in mediation or negotiation do well to reflect on from time to time. Some time ago I conducted an employment-related mediation. The case did not settle on the day of the mediation and, as is usually my practice,...
November 4, 2013
Its interesting to me that when you Google “lying” and “mediation” you are redirected to “lying” (as in lying down) and “meditation”. Recently my attention was drawn back to the old issue of deception in mediation. It’s an issue that mediators, lawyers and parties engaged in mediation or negotiation do well to reflect on from time to time. Some time ago I conducted an employment-related mediation. The case did not settle on the day of the mediation and, as is usually my practice,...
Texas’ Fourth Court of Appeals Orders Local Firefighters to Arbitrate Benefits Dispute With City of San Antonio
November 4, 2013
Texas’ Fourth District in San Antonio has held that an arbitration provision included in a collective bargaining agreement (“CBA”) requires a local firefighter’s union to engage in arbitration over a health insurance benefits dispute. In The City of San Antonio v. International Association of Fire Fighters, Local 624, No. 04-CV-00783-CV (October 2, 2013), the International Association of Fire Fighters, Local 624 (the “Union”) filed a lawsuit against the City of San Antonio on behalf...
November 4, 2013
Texas’ Fourth District in San Antonio has held that an arbitration provision included in a collective bargaining agreement (“CBA”) requires a local firefighter’s union to engage in arbitration over a health insurance benefits dispute. In The City of San Antonio v. International Association of Fire Fighters, Local 624, No. 04-CV-00783-CV (October 2, 2013), the International Association of Fire Fighters, Local 624 (the “Union”) filed a lawsuit against the City of San Antonio on behalf...
