Menu
Blog Archives
Open Records: A Look at Attorney General Greg Abbott’s Tenure
October 18, 2013
When Texas Attorney General Greg Abbott first campaigned for his office 12 years ago, he promised a new era of government...
October 18, 2013
When Texas Attorney General Greg Abbott first campaigned for his office 12 years ago, he promised a new era of government...
Body Language, Negotiation & Haggling
October 18, 2013
Of course nonverbal communication communication has a role in every interaction, we all know that, right? Demetria Gallegos of the Wall Street Journal explores the "art" of haggling during a recent trip to a medieval fair. She reflects on how due to a lack of haggling, her piece of the pie was smaller (yes- pun intended for those who get that joke). While reading this article, it shows how we really are (or are not) negotiating numerous times on a daily basis. Also, those that are good...
October 18, 2013
Of course nonverbal communication communication has a role in every interaction, we all know that, right? Demetria Gallegos of the Wall Street Journal explores the "art" of haggling during a recent trip to a medieval fair. She reflects on how due to a lack of haggling, her piece of the pie was smaller (yes- pun intended for those who get that joke). While reading this article, it shows how we really are (or are not) negotiating numerous times on a daily basis. Also, those that are good...
The Soft Touch: The Village Elder
October 18, 2013
At the beginning of every mediation session, I am not sure which hat I will be wearing. Will it be the role of the poker player who is dealing for dollars? The priest who listens to his parishioners’ penitence? The bartender who tells stories? The judge who tells the parties what to do? The philosopher who shares thoughts about the way of the world? Some days I wear all those hats. Other days I might wear just one. As my experience over many years has developed, there is one hat that I find...
October 18, 2013
At the beginning of every mediation session, I am not sure which hat I will be wearing. Will it be the role of the poker player who is dealing for dollars? The priest who listens to his parishioners’ penitence? The bartender who tells stories? The judge who tells the parties what to do? The philosopher who shares thoughts about the way of the world? Some days I wear all those hats. Other days I might wear just one. As my experience over many years has developed, there is one hat that I find...
ND Texas Compels Would-Be FLSA Class Action to Arbitration
October 18, 2013
The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration. In Rogers v. Epic Health Services, Inc., No. 3:13-CV-1752-O, (N. D. Tex., September 17, 2013) the court granted Epic Heath Services, Inc.’s (“Epic”) motion to compel arbitration in a one page order. In the case, Joshua Rogers worked at Epic...
October 18, 2013
The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration. In Rogers v. Epic Health Services, Inc., No. 3:13-CV-1752-O, (N. D. Tex., September 17, 2013) the court granted Epic Heath Services, Inc.’s (“Epic”) motion to compel arbitration in a one page order. In the case, Joshua Rogers worked at Epic...
Arbitrators Rule in Favor of Chevron in Ecuador Oil Pollution
October 18, 2013
A panel of three international arbitrators has found that United States oil company Chevron is not liable for “collective damage” claims in the company’s ongoing dispute over oil contamination in parts of Ecuador’s Amazon rainforest. The panel reportedly found that a 1995 agreement signed by Chevron’s predecessor, Texaco Corporation, released the oil giant from such liability. Still, the panel of arbitrators did not rule whether Chevron may be held liable for any damages endured by individual...
October 18, 2013
A panel of three international arbitrators has found that United States oil company Chevron is not liable for “collective damage” claims in the company’s ongoing dispute over oil contamination in parts of Ecuador’s Amazon rainforest. The panel reportedly found that a 1995 agreement signed by Chevron’s predecessor, Texaco Corporation, released the oil giant from such liability. Still, the panel of arbitrators did not rule whether Chevron may be held liable for any damages endured by individual...
IBM Researcher Can Decipher Your Personality From Looking at 200 of Your Tweets
October 17, 2013
An IBM researcher says she can make a good educated guess about your personality just from looking at 200 of your Twitter messages. That may seem obvious, as people typically express their personalities through the 140-character messaging service. But Michelle Zhou, a researcher at the IBM Almaden Research Center in San Jose, Calif., can do this personality analysis in a disciplined and automated fashion using the science of data analytics. Companies that pay attention to this research could...
October 17, 2013
An IBM researcher says she can make a good educated guess about your personality just from looking at 200 of your Twitter messages. That may seem obvious, as people typically express their personalities through the 140-character messaging service. But Michelle Zhou, a researcher at the IBM Almaden Research Center in San Jose, Calif., can do this personality analysis in a disciplined and automated fashion using the science of data analytics. Companies that pay attention to this research could...
Illinois Supreme Court Increases Reporting Requirements for Family Mediation
October 17, 2013
Anyone who knows RSI knows that we’re all about data. We believe that courts need good data about their programs in order to make good decisions about them. That’s why we were thrilled when the Illinois Supreme Court Committee on Child Custody Issues asked for our help in developing a mediator report and participant survey that will be used statewide for family mediation. We’re even more thrilled that those forms have been adopted and will be required by the Supreme Court. This is part of the Court’s amendments...
October 17, 2013
Anyone who knows RSI knows that we’re all about data. We believe that courts need good data about their programs in order to make good decisions about them. That’s why we were thrilled when the Illinois Supreme Court Committee on Child Custody Issues asked for our help in developing a mediator report and participant survey that will be used statewide for family mediation. We’re even more thrilled that those forms have been adopted and will be required by the Supreme Court. This is part of the Court’s amendments...
Online Dispute Resolution (ODR): What is it, and is it the Way Forward?
October 17, 2013
Julio César Betancourt, Head of Research & Academic Affairs at the Chartered Institute of Arbitrators, and Elina Zlatanska, Research Assistant at Chartered Institute of Arbitrators, have published an interesting article entitled, Online Dispute Resolution (ODR): What is it, and is it the Way Forward?, 79 International Journal of Arbitration, Mediation and Dispute Management, Issue 3, 2013. In their publication, the authors discuss the role and future of online arbitration, mediation, and other...
October 17, 2013
Julio César Betancourt, Head of Research & Academic Affairs at the Chartered Institute of Arbitrators, and Elina Zlatanska, Research Assistant at Chartered Institute of Arbitrators, have published an interesting article entitled, Online Dispute Resolution (ODR): What is it, and is it the Way Forward?, 79 International Journal of Arbitration, Mediation and Dispute Management, Issue 3, 2013. In their publication, the authors discuss the role and future of online arbitration, mediation, and other...
SCOTUS Set To Hear At Least One Arbitration Case This Term
October 17, 2013
The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a blockbuster.) 2013? AmEx and Sutter. At this point, SCOTUS has accepted roughly half of the cases it will hear this year, and only one arbitration case is on the docket, with two other petitions having been denied. The case it will hear (on December 2) is BG Group...
October 17, 2013
The U.S. Supreme Court has been knocking out blockbuster arbitration opinions annually in recent years. 2010? Stolt-Nielsen and Rent-a-Center. 2011? Concepcion. 2012? CompuCredit (Okay, that does not qualify as a blockbuster.) 2013? AmEx and Sutter. At this point, SCOTUS has accepted roughly half of the cases it will hear this year, and only one arbitration case is on the docket, with two other petitions having been denied. The case it will hear (on December 2) is BG Group...
Keys to a Successful Personal Injury Mediation
October 17, 2013
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process. What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...
October 17, 2013
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process. What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...
