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What Happens in Mediation Stays in Mediation: New Standards of Informed Consent to Mediation in California
September 27, 2018
Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that their words could be used against them when revealed to an outsider to the mediation process, such as a judge in a court or a third party, including for example a market competitor. Therefore, confidentiality is often perceived desirable, if not essential, for mediation to take place and to be successful....
September 27, 2018
Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that their words could be used against them when revealed to an outsider to the mediation process, such as a judge in a court or a third party, including for example a market competitor. Therefore, confidentiality is often perceived desirable, if not essential, for mediation to take place and to be successful....
Court Rules Uber Can Force Drivers Into Arbitration Over Pay, Benefits
September 26, 2018
Uber drivers hoping to be treated as employees may have to go it alone. A federal appeals court in San Francisco has overturned a ruling that would have allowed drivers to pursue their case as a class action lawsuit instead of going through individual arbitration (which, historically, favors companies over complainants). Judge Richard Clifton cited precedent as the reason, including both another ruling in favor of Uber from 2016 as well as a Supreme Court decision from May that said companies could...
September 26, 2018
Uber drivers hoping to be treated as employees may have to go it alone. A federal appeals court in San Francisco has overturned a ruling that would have allowed drivers to pursue their case as a class action lawsuit instead of going through individual arbitration (which, historically, favors companies over complainants). Judge Richard Clifton cited precedent as the reason, including both another ruling in favor of Uber from 2016 as well as a Supreme Court decision from May that said companies could...
Which Awards Were Entitled To A Summer Vacation?
September 26, 2018
I have saved up six opinions that considered whether to vacate an arbitration award over the summer.* Only one of those...
September 26, 2018
I have saved up six opinions that considered whether to vacate an arbitration award over the summer.* Only one of those...
El Paso County Civil and Family Case Filings and Dispositions
September 25, 2018
Civil and family court filings in El Paso County have remained relatively stable during the seven full calendar year period...
September 25, 2018
Civil and family court filings in El Paso County have remained relatively stable during the seven full calendar year period...
Tarrant County Civil and Family Case Filings and Dispositions
September 25, 2018
Civil and family court filings in Tarrant County have remained relatively stable during the seven full calendar year period...
September 25, 2018
Civil and family court filings in Tarrant County have remained relatively stable during the seven full calendar year period...
Travis County Civil and Family Case Filings and Dispositions
September 25, 2018
Civil and family court filings in Travis County have remained relatively stable during the seven full calendar year period...
September 25, 2018
Civil and family court filings in Travis County have remained relatively stable during the seven full calendar year period...
Harris County Civil and Family Case Filings and Dispositions
September 25, 2018
Civil and family court filings in Harris County have remained relatively stable during the seven full calendar year period...
September 25, 2018
Civil and family court filings in Harris County have remained relatively stable during the seven full calendar year period...
Dallas County Civil and Family Case Filings and Dispositions
September 25, 2018
Civil and family court filings in Dallas County have remained relatively stable during the seven full calendar year period...
September 25, 2018
Civil and family court filings in Dallas County have remained relatively stable during the seven full calendar year period...
What Might Artificial Intelligence Mean For Alternative Dispute Resolution?
September 24, 2018
Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for patterns to help with predicting the progress of cases in the US. In November 2017 there were news headlines about ‘Case Cruncher...
September 24, 2018
Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for patterns to help with predicting the progress of cases in the US. In November 2017 there were news headlines about ‘Case Cruncher...
Corporate Litigation: Halo Effect, Halo Tax, and Home Court Advantage
September 24, 2018
As they examined these cases, they found three distinct characteristics: Halo Effect: High status companies received a sort of “halo effect” that the researchers said was associated with jurors giving the company the benefit of a doubt. Overall, jurors were 14% less likely to find high status companies liable when compared to low status firms. Juror perspectives changed if the high status company was found liable and then jurors became angry and punished high status firms severely (when they...
September 24, 2018
As they examined these cases, they found three distinct characteristics: Halo Effect: High status companies received a sort of “halo effect” that the researchers said was associated with jurors giving the company the benefit of a doubt. Overall, jurors were 14% less likely to find high status companies liable when compared to low status firms. Juror perspectives changed if the high status company was found liable and then jurors became angry and punished high status firms severely (when they...
