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Is there an App for that?
June 6, 2013
Just remember – you heard it here first: we are witnesses to the birth and education of a new species (or sub-species):...
June 6, 2013
Just remember – you heard it here first: we are witnesses to the birth and education of a new species (or sub-species):...
Are Men Bad Negotiators?
June 6, 2013
We've been talking about women's negotiation deficits for so long that we've completely neglected the men. This post is an attempt to cure that omission. Listen guys! We care about you. And we'd like to help you with your negotiation problem. But let's start where we've been for the past ten years ever since Linda Babcock of theHeinz Negotiation Academy for Women published Women Don't Ask. In Speaking Out About Women And Power, U.C. Berkeley Psychology Professor Tania Lombrozo describes...
June 6, 2013
We've been talking about women's negotiation deficits for so long that we've completely neglected the men. This post is an attempt to cure that omission. Listen guys! We care about you. And we'd like to help you with your negotiation problem. But let's start where we've been for the past ten years ever since Linda Babcock of theHeinz Negotiation Academy for Women published Women Don't Ask. In Speaking Out About Women And Power, U.C. Berkeley Psychology Professor Tania Lombrozo describes...
International Arbitration Survey 2013: Corporate Choices in International Arbitration by PwC
June 6, 2013
The 2013 Survey, 'Corporate choices in International Arbitration' has been issued by PwC and Queen Mary, University of London. The survey investigates how corporations use international arbitration with a particular emphasis on companies in three sectors of strategic importance to the world economy – Energy, Construction and Financial Services. Major corporations, across different industry sectors, continue to affirm the benefits of arbitration to resolve transnational disputes. Corporations...
June 6, 2013
The 2013 Survey, 'Corporate choices in International Arbitration' has been issued by PwC and Queen Mary, University of London. The survey investigates how corporations use international arbitration with a particular emphasis on companies in three sectors of strategic importance to the world economy – Energy, Construction and Financial Services. Major corporations, across different industry sectors, continue to affirm the benefits of arbitration to resolve transnational disputes. Corporations...
El Paso Appeals Court Upholds Arbitral Award Despite Alleged Arbitrator Error
June 6, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with...
June 6, 2013
Texas’ El Paso Court of Appeals has confirmed an arbitral award despite an arbitrator’s alleged failure to comply with...
Don’t Just Sit There – Do Something!
June 6, 2013
Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly...
June 6, 2013
Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly...
Durability of Mediated Settlements and More
June 5, 2013
In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last monthto one that didn’t proceed quite so smoothly. Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because of the consensual nature of the process parties tend to abide by the agreements they’ve struck in mediation. In Ontario we’ve just had a rare high profile example of a situation...
June 5, 2013
In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last monthto one that didn’t proceed quite so smoothly. Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because of the consensual nature of the process parties tend to abide by the agreements they’ve struck in mediation. In Ontario we’ve just had a rare high profile example of a situation...
Negotiation As Improv From the Harvard Program on Negotiation
June 5, 2013
My business partner,Lisa Gates, is an actor and improv artist as well as a negotiation consultant and adult learning specialist....
June 5, 2013
My business partner,Lisa Gates, is an actor and improv artist as well as a negotiation consultant and adult learning specialist....
Early Case Analysis and Planned Negotiation
June 5, 2013
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the decision-maker within the client in a position to make an informed choice on how the matter will proceed, driven by business — not legal – objectives. The...
June 5, 2013
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the decision-maker within the client in a position to make an informed choice on how the matter will proceed, driven by business — not legal – objectives. The...
ReInvent Law London 2013: Conference Schedule
June 5, 2013
We have some very exciting news to share about upcoming ReInvent Law London conference: This year's event will be on June...
June 5, 2013
We have some very exciting news to share about upcoming ReInvent Law London conference: This year's event will be on June...
Texas Supreme Court Holds Trust Dispute Must be Arbitrated
June 5, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. InRachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunction against Rachal, his removal as trustee, and damages. Rachal...
June 5, 2013
Last week, the Supreme Court of Texas ordered that a trust dispute must be submitted to arbitration. InRachal v. Reitz, 11-0708, (Tex. May 3, 2013), a trust beneficiary, John Reitz, sued a successor trustee who was also the attorney who drafted the trust, Hal Rachal, Jr., for breach of fiduciary duty, misappropriation of trust assets, and failure to provide an accounting as required by state law. In addition, Reitz sought a temporary injunction against Rachal, his removal as trustee, and damages. Rachal...
