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European Parliament Adopts ODR Legislation
April 16, 2013
The European Union issued a press release on Tuesday March 12, 2013 about the EU Parliament adopting two new legislative...
April 16, 2013
The European Union issued a press release on Tuesday March 12, 2013 about the EU Parliament adopting two new legislative...
Cooking Up Settlement: “The Martha” and Macy’s Go to Mediation
April 16, 2013
Will Martha Stewart be able to make lemonade from lemons in her recent legal battle? Will she cook up creative ways to recycle her lawsuit into an elegant business solution? Like explaining how to remove garlic peels with ease during a recent Wait Wait Don’t Tell Me program, can she come up with graceful solution to her lawsuit? What will she say about mediation after she emerges? Will her attorney hire a trained and experienced mediator who will allow her creative juices to flow? Judge...
April 16, 2013
Will Martha Stewart be able to make lemonade from lemons in her recent legal battle? Will she cook up creative ways to recycle her lawsuit into an elegant business solution? Like explaining how to remove garlic peels with ease during a recent Wait Wait Don’t Tell Me program, can she come up with graceful solution to her lawsuit? What will she say about mediation after she emerges? Will her attorney hire a trained and experienced mediator who will allow her creative juices to flow? Judge...
Suffolk Law Kicks Off New Technology Institute with Susskind
April 16, 2013
In case you haven’t noticed, technology isirrevocably changing the practice of law. Unfortunately, law schools have not done a good job of keeping up with that trend. Last August, the ABA made it official that lawyers have a duty to maintain competence in technology. Even so, few law schools have made technology part of their curricula. Kudos, therefore, to Suffolk University Law School in Boston, which has launched theInstitute on Law Practice Technology & Innovation. Here is how it describes...
April 16, 2013
In case you haven’t noticed, technology isirrevocably changing the practice of law. Unfortunately, law schools have not done a good job of keeping up with that trend. Last August, the ABA made it official that lawyers have a duty to maintain competence in technology. Even so, few law schools have made technology part of their curricula. Kudos, therefore, to Suffolk University Law School in Boston, which has launched theInstitute on Law Practice Technology & Innovation. Here is how it describes...
Equitable Estoppel Won’t Reach Non-Signatories in Statutory (Not Contract) Claims
April 16, 2013
In a putative class anti-trust action brought by retail grocers against wholesale grocers, a divided panel of the Eighth...
April 16, 2013
In a putative class anti-trust action brought by retail grocers against wholesale grocers, a divided panel of the Eighth...
New Advanced Decision Analysis Course Description
April 16, 2013
Lawyers create value for their clients by effectively representing them in negotiations. Transactional lawyers bring multivariable deals together when expectations are high for the relationship. Litigators negotiate disputes in the shadow of potential trial outcomes in all but about 2% of cases. Sound decision making in these circumstances is the essence of effective lawyering. Since effective decision making is not strongly correlated with higher education or high I.Q., it must be learned and practiced....
April 16, 2013
Lawyers create value for their clients by effectively representing them in negotiations. Transactional lawyers bring multivariable deals together when expectations are high for the relationship. Litigators negotiate disputes in the shadow of potential trial outcomes in all but about 2% of cases. Sound decision making in these circumstances is the essence of effective lawyering. Since effective decision making is not strongly correlated with higher education or high I.Q., it must be learned and practiced....
My final offer is a very Precise and Exact number
April 16, 2013
“NEXT TIME YOU find yourself in a negotiation, don’t just throw out a round number. In a series of experiments, researchers...
April 16, 2013
“NEXT TIME YOU find yourself in a negotiation, don’t just throw out a round number. In a series of experiments, researchers...
Liar, Liar, Texts on Fire
April 15, 2013
You can’t go anywhere without someone texting you today. For some, text messages are the preferred source of communications. But how accurate are texts and can we rely on this form of communication? The reality is that text message, while efficient, is a very flawed method of communicating. According to longstanding research by Mehrabian, 93% of communication is lost if you are just relying on the words themselves – which is exclusively the realm of texts. Moreover, when people communicate...
April 15, 2013
You can’t go anywhere without someone texting you today. For some, text messages are the preferred source of communications. But how accurate are texts and can we rely on this form of communication? The reality is that text message, while efficient, is a very flawed method of communicating. According to longstanding research by Mehrabian, 93% of communication is lost if you are just relying on the words themselves – which is exclusively the realm of texts. Moreover, when people communicate...
How Fortune 1000 Companies Use ADR
April 15, 2013
Last year, a survey was conducted among senior in-house counsel of the Fortune 1000, to follow-up on the findings of the influential...
April 15, 2013
Last year, a survey was conducted among senior in-house counsel of the Fortune 1000, to follow-up on the findings of the influential...
Common Ground
April 15, 2013
The X factor in mediation is the ability to influence the other side to pay more or take less. Finding the elusive X factor is the challenge for most mediators, and is often done in the face of uncertainty. This uncertainty takes many forms and can serve as a barrier if not acknowledged and addressed by the parties. Taking the uncertainty out of the negotiation requires the mediator to convey to each of the parties the ability to be strategic while at the same time presenting each negotiation move...
April 15, 2013
The X factor in mediation is the ability to influence the other side to pay more or take less. Finding the elusive X factor is the challenge for most mediators, and is often done in the face of uncertainty. This uncertainty takes many forms and can serve as a barrier if not acknowledged and addressed by the parties. Taking the uncertainty out of the negotiation requires the mediator to convey to each of the parties the ability to be strategic while at the same time presenting each negotiation move...
A New Scholarly Journal of Law and Courts
April 15, 2013
The University of Chicago Press and the Law and Courts Section of the American Political Science Association have launched the Journal of Law and Courts, an interdisciplinary, peer-reviewed journal devoted to the examination of legal institutions, actors, processes and policy. The journal will publish biannually online and in print. The March issue available free. Future issues will be offered at an annual subscription cost of $32. The journal is edited by David E. Klein, an associate professor...
April 15, 2013
The University of Chicago Press and the Law and Courts Section of the American Political Science Association have launched the Journal of Law and Courts, an interdisciplinary, peer-reviewed journal devoted to the examination of legal institutions, actors, processes and policy. The journal will publish biannually online and in print. The March issue available free. Future issues will be offered at an annual subscription cost of $32. The journal is edited by David E. Klein, an associate professor...
