Menu
News
The Third Mediation Space; The Humble Corridor Encounter
March 6, 2014
My take on corridor encounters is that they are very different in toneand content from joint session or private caucus conversations. So first to tone; Corridor encounters seem to usually involve a variation on the line up of participants and are often with one or other of the attorneys (or both) who typically adopt a different posture with each other out of earshot of clients. In my experience it’s most effective for the attorneys NOT to have instructions on any of the matters under...
March 6, 2014
My take on corridor encounters is that they are very different in toneand content from joint session or private caucus conversations. So first to tone; Corridor encounters seem to usually involve a variation on the line up of participants and are often with one or other of the attorneys (or both) who typically adopt a different posture with each other out of earshot of clients. In my experience it’s most effective for the attorneys NOT to have instructions on any of the matters under...
Fifth Circuit Upholds NLRB’s Decision Regarding Alleged Labor Negotiations Impasse
March 6, 2014
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad...
March 6, 2014
The Fifth Circuit has partially upheld a National Labor Relations Board (NLRB) order after finding an employer engaged in bad...
50 Shades of Settlement Counsel—What Role Is Best for Your Client?
March 6, 2014
Approximately 2 percent of cases actually go to trial. Even then, after the jury comes back, or a judgement is entered, cases get resolved in a negotiated settlement much of the time. Considering what takes place in 98 percent of all cases, does resolution get the focus warranted? Whether it is outside counsel, in-house counsel or a specialized counsel, the role of “settlement counsel”—in many cases the point person for resolution—is critical in getting the result the client wants. In most...
March 6, 2014
Approximately 2 percent of cases actually go to trial. Even then, after the jury comes back, or a judgement is entered, cases get resolved in a negotiated settlement much of the time. Considering what takes place in 98 percent of all cases, does resolution get the focus warranted? Whether it is outside counsel, in-house counsel or a specialized counsel, the role of “settlement counsel”—in many cases the point person for resolution—is critical in getting the result the client wants. In most...
“iLitigation”: Essential Apps and Websites for Litigators
March 5, 2014
Searching the thousands of apps available in the App Store for the “needle in the haystack” you can use in your law practice...
March 5, 2014
Searching the thousands of apps available in the App Store for the “needle in the haystack” you can use in your law practice...
ABA Report Lacking Solutions for Law Schools
March 5, 2014
Task force offers plenty of criticism — especially of faculty scholarship — without practical advice. Legal education certainly can improve, but the recommendations of the American Bar Association's Task Force on the Future of Legal Education are not the way to do it. The task force released its report and recommendations on Jan. 24, and they are a collection of ideas that will do little to make law schools better — and some would make them much worse. The report does make some...
March 5, 2014
Task force offers plenty of criticism — especially of faculty scholarship — without practical advice. Legal education certainly can improve, but the recommendations of the American Bar Association's Task Force on the Future of Legal Education are not the way to do it. The task force released its report and recommendations on Jan. 24, and they are a collection of ideas that will do little to make law schools better — and some would make them much worse. The report does make some...
Children’s Hospital Mediation Project Aims to Improve Communication Between Parents and Healthcare Providers
March 5, 2014
The Evelina London Children’s Hospital has reportedly instituted a new mediation project aimed at improving communication between parents and healthcare providers. The Evelina Resolution Project trains hospital staff how to identify potential conflicts and triggers, rebuild trust, consider the perspective of a patient’s parents, and manage stress. The program also allows both parents and hospital staff to request mediation services when a disagreement over a child’s care arises. The...
March 5, 2014
The Evelina London Children’s Hospital has reportedly instituted a new mediation project aimed at improving communication between parents and healthcare providers. The Evelina Resolution Project trains hospital staff how to identify potential conflicts and triggers, rebuild trust, consider the perspective of a patient’s parents, and manage stress. The program also allows both parents and hospital staff to request mediation services when a disagreement over a child’s care arises. The...
Government Calling for Public Opinion on Big Data
March 5, 2014
President Obama is calling on senior government officials to review how Big Data affects the lives of Americans, according to a recent statement in the Federal Register. Public input into this effort is now being requested, as the inquiry examines the challenges for both public and private sectors, whether the U.S. can create international norms on how to manage data and promote the free flow of information that is consistent with both privacy and security. Responses to the following questions...
March 5, 2014
President Obama is calling on senior government officials to review how Big Data affects the lives of Americans, according to a recent statement in the Federal Register. Public input into this effort is now being requested, as the inquiry examines the challenges for both public and private sectors, whether the U.S. can create international norms on how to manage data and promote the free flow of information that is consistent with both privacy and security. Responses to the following questions...
Challenging Technical Inertia at Law Firms
March 5, 2014
Roberta Gelb has seen many things in her position as President of Chelsea Office Systems, which she has run since its inception in 1984. She began the panel “Why Does it Cost $800,000 to Produce a Document?” at the Chief Information & Technology Officers Forum with a story. While working with a firm to improve document automation, Gelb encountered a secretary who refused to implement a new fix. Every time the secretary needed to fill out a purchase form, for example, she would find and fill...
March 5, 2014
Roberta Gelb has seen many things in her position as President of Chelsea Office Systems, which she has run since its inception in 1984. She began the panel “Why Does it Cost $800,000 to Produce a Document?” at the Chief Information & Technology Officers Forum with a story. While working with a firm to improve document automation, Gelb encountered a secretary who refused to implement a new fix. Every time the secretary needed to fill out a purchase form, for example, she would find and fill...
Confidentiality Agreements: Some Unintended Consequences
March 4, 2014
This is part of a series of articles on transactional contracts issues by Prof. Michael L. Bloom and students in the Transactional Lab at the University of Michigan Law School. Business transactions often involve parties sharing information that they do not want used or discussed outside of the specific transaction. In an effort to protect their information, parties will often negotiate a confidentiality agreement to prohibit undesired use and disclosure of information. While confidentiality...
March 4, 2014
This is part of a series of articles on transactional contracts issues by Prof. Michael L. Bloom and students in the Transactional Lab at the University of Michigan Law School. Business transactions often involve parties sharing information that they do not want used or discussed outside of the specific transaction. In an effort to protect their information, parties will often negotiate a confidentiality agreement to prohibit undesired use and disclosure of information. While confidentiality...
Voluntary Oregon Early Discussion and Resolution Program Offers Mediation Service to Patients, Medical Providers
March 4, 2014
Last year, the Oregon Legislature passed a resolution creating the voluntary Early Discussion and Resolution (“EDR”) process to address undesired healthcare outcomes. The resolution was signed into law in March and the EDR program is scheduled to go live on July 1, 2014. The EDR process offers a structured, confidential avenue for patients and their loved ones to address adverse healthcare events that did not result from a patient’s underlying illness with medical providers and healthcare...
March 4, 2014
Last year, the Oregon Legislature passed a resolution creating the voluntary Early Discussion and Resolution (“EDR”) process to address undesired healthcare outcomes. The resolution was signed into law in March and the EDR program is scheduled to go live on July 1, 2014. The EDR process offers a structured, confidential avenue for patients and their loved ones to address adverse healthcare events that did not result from a patient’s underlying illness with medical providers and healthcare...
