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Sheila Heen Providing Expert Advice in the NYT
December 20, 2013
Sheila Heen, co-author of Difficult Conversations: How To Discuss What Matters Most, is providing expert advice in a series of columns on family and other kinds of conflicts. Here’s one of my favorite passages from this week’s column — she’s explaining some of the reasons people experience conflict so differently: Emotional math. Everyone gets frustrated, resentful, disappointed, or even enraged with others on occasion. It may come out as shouting, sarcasm, snippiness, or simply a put-upon...
December 20, 2013
Sheila Heen, co-author of Difficult Conversations: How To Discuss What Matters Most, is providing expert advice in a series of columns on family and other kinds of conflicts. Here’s one of my favorite passages from this week’s column — she’s explaining some of the reasons people experience conflict so differently: Emotional math. Everyone gets frustrated, resentful, disappointed, or even enraged with others on occasion. It may come out as shouting, sarcasm, snippiness, or simply a put-upon...
ACC Looks into the Future of General Counsel
December 20, 2013
If the general counsel of the future could communicate with the general counsel of the present, what would they have to say about...
December 20, 2013
If the general counsel of the future could communicate with the general counsel of the present, what would they have to say about...
Highly Recommended Exchange of Views About Left/Right and Top/Bottom Brain
December 20, 2013
Here's an exchange between Iain McGilchrist, author of The Master and His Emissary, and Wayne Miller, coauthor of the new Top Brain, Bottom Brain. Dr. McGilchrist was kind enough to post the exchange on his Web site. if you are interested in the brain, you will want to read this short conversation. It begins: Kosslyn and Miller are researchers I admire. They are quite right to take issue with what they call dated and crude ideas of hemisphere difference. So do I. ‘Dated’ and ‘crude’...
December 20, 2013
Here's an exchange between Iain McGilchrist, author of The Master and His Emissary, and Wayne Miller, coauthor of the new Top Brain, Bottom Brain. Dr. McGilchrist was kind enough to post the exchange on his Web site. if you are interested in the brain, you will want to read this short conversation. It begins: Kosslyn and Miller are researchers I admire. They are quite right to take issue with what they call dated and crude ideas of hemisphere difference. So do I. ‘Dated’ and ‘crude’...
S.D. Texas Compels Wireless Telephone Franchise Dispute to Arbitration
December 20, 2013
The Southern District of Texas has compelled a contract dispute over the operation of a number of wireless telephone stores...
December 20, 2013
The Southern District of Texas has compelled a contract dispute over the operation of a number of wireless telephone stores...
The Rise of Alternative Fee Arrangements
December 19, 2013
Alternative fee arrangements (AFAs) have been debated and used to some extent for decades but have become much more prevalent within the past five years. Earlier use of AFAs saw law firms grant larger institutional clients a volume discount or a smaller firm take a case on contingency. Both of these examples illustrate a mechanism for a client or a corporate legal department to avoid paying the lawyer or law firm’s hourly billing rate. The presence and prevalence of AFAs in the legal marketplace...
December 19, 2013
Alternative fee arrangements (AFAs) have been debated and used to some extent for decades but have become much more prevalent within the past five years. Earlier use of AFAs saw law firms grant larger institutional clients a volume discount or a smaller firm take a case on contingency. Both of these examples illustrate a mechanism for a client or a corporate legal department to avoid paying the lawyer or law firm’s hourly billing rate. The presence and prevalence of AFAs in the legal marketplace...
The Science of Social Connections
December 19, 2013
The part of human nature that I'd like to talk about today is that part of our human nature that is relevant to our interactions...
December 19, 2013
The part of human nature that I'd like to talk about today is that part of our human nature that is relevant to our interactions...
Cognitive Complexity: How Can Reading a Novel Help You Become a Better Mediator?
December 19, 2013
I highly recommend a new article by Dr. Lisa Zunshine. She writes in "Why Fiction Does It Better" (Chronicle of Higher Education): It turns out that informational texts don’t come close to containing the kind of metacognitive complexity so essential to fiction that we don’t even notice it. Consider these two inextricable fea- tures of fiction. It always functions on a higher level of metacognitive complexity than nonfiction, and it can achieve that higher level without explicit use of metacognitive...
December 19, 2013
I highly recommend a new article by Dr. Lisa Zunshine. She writes in "Why Fiction Does It Better" (Chronicle of Higher Education): It turns out that informational texts don’t come close to containing the kind of metacognitive complexity so essential to fiction that we don’t even notice it. Consider these two inextricable fea- tures of fiction. It always functions on a higher level of metacognitive complexity than nonfiction, and it can achieve that higher level without explicit use of metacognitive...
The Federalization of Consumer Arbitration: Possible Solutions
December 19, 2013
Sarah Rudolph Cole, John W. Bricker Professor of Law and Director of the Program on Dispute Resolution at the Ohio State University’s Moritz College of Law has authored The Federalization of Consumer Arbitration: Possible Solutions. In her paper, Professor Cole discusses the United States Supreme Court’s recent arbitration jurisprudence and its effect on state law. Here is the abstract: Over the past fifteen to twenty years, businesses dramatically increased the use of arbitration clauses...
December 19, 2013
Sarah Rudolph Cole, John W. Bricker Professor of Law and Director of the Program on Dispute Resolution at the Ohio State University’s Moritz College of Law has authored The Federalization of Consumer Arbitration: Possible Solutions. In her paper, Professor Cole discusses the United States Supreme Court’s recent arbitration jurisprudence and its effect on state law. Here is the abstract: Over the past fifteen to twenty years, businesses dramatically increased the use of arbitration clauses...
Decline in Female Associates Called a ‘Red Flag’
December 18, 2013
First the good news: The percentage of women and minority partners at law firms continued to inch up during 2013, according to the latest figures from the National Association for Law Placement. Now the bad: The percentage of women associates at law firms fell for the fourth straight year, even as the percentage of minority associates continued to rise. “Since the recession, we have seen the figures for women associates drop each of the four successive years,” NALP executive director James...
December 18, 2013
First the good news: The percentage of women and minority partners at law firms continued to inch up during 2013, according to the latest figures from the National Association for Law Placement. Now the bad: The percentage of women associates at law firms fell for the fourth straight year, even as the percentage of minority associates continued to rise. “Since the recession, we have seen the figures for women associates drop each of the four successive years,” NALP executive director James...
Back to Basics: Global Companies Sign Pledge to Bring Mediation into the Heart of Business Practice
December 18, 2013
Mediation has long been underused as a form of dispute resolution. Now, however, dozens of global companies have signed a pledge to bring it into the heart of business practice. In-House Perspective's Rebecca Lowe talks to lawyers determined to go back to basics. Once upon a time, men arguably wiser and more sensible than those of the present era settled their disputes by sitting down together in a civilised fashion and talking until the problem was solved. No courts, no judges, no longwinded...
December 18, 2013
Mediation has long been underused as a form of dispute resolution. Now, however, dozens of global companies have signed a pledge to bring it into the heart of business practice. In-House Perspective's Rebecca Lowe talks to lawyers determined to go back to basics. Once upon a time, men arguably wiser and more sensible than those of the present era settled their disputes by sitting down together in a civilised fashion and talking until the problem was solved. No courts, no judges, no longwinded...
