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Dispute Resolution for Business and Transactional Lawyers Focus of BLN
July 28, 2017
Michael Zeytoonian echoed the need to make sure the clients choose the right process for their needs and their situational facts. He urged lawyers to conduct a process assessment with potential clients before they begin any course of action, focusing on client factors such as these: How quickly do they need the matter resolved? How importance is the relationship between the parties in the dispute? Is confidentiality important? Do they want to maintain control over the decision-making...
July 28, 2017
Michael Zeytoonian echoed the need to make sure the clients choose the right process for their needs and their situational facts. He urged lawyers to conduct a process assessment with potential clients before they begin any course of action, focusing on client factors such as these: How quickly do they need the matter resolved? How importance is the relationship between the parties in the dispute? Is confidentiality important? Do they want to maintain control over the decision-making...
Is a Mediator Like a Bus? How Legal Ethics May Inform the Question of Case Discrimination by Mediators
July 28, 2017
Impartiality and freedom from bias are the most important ethical considerations for mediators. An impartial mediator can treat the parties equally and ensure that the parties resolve the disputes themselves. To help promote neutrality, ethical rules generally give mediators great flexibility in declining cases or withdrawing from cases because of bias. Mediators should take care to become aware of their biases through thoughtful reflection and introspection. Mediators may have biases relating to a wide...
July 28, 2017
Impartiality and freedom from bias are the most important ethical considerations for mediators. An impartial mediator can treat the parties equally and ensure that the parties resolve the disputes themselves. To help promote neutrality, ethical rules generally give mediators great flexibility in declining cases or withdrawing from cases because of bias. Mediators should take care to become aware of their biases through thoughtful reflection and introspection. Mediators may have biases relating to a wide...
Living the Dream of ADR: Reflections on Four Decades of the Quiet Revolution in Dispute Resolution
July 28, 2017
This article, an expanded version of a symposium keynote address, examines the dramatic national and worldwide impact of the revolution in dispute resolution that was heralded by the 1976 Pound Conference. Professor Stipanowich explores (1) related changes in the justice system and legal practice; (2) the divergence in dispute resolution practice within and outside the U.S.; (3) the "gravitational pull" exerted by the legal profession on mediation and other processes; (4) concerns over racial, ethnic...
July 28, 2017
This article, an expanded version of a symposium keynote address, examines the dramatic national and worldwide impact of the revolution in dispute resolution that was heralded by the 1976 Pound Conference. Professor Stipanowich explores (1) related changes in the justice system and legal practice; (2) the divergence in dispute resolution practice within and outside the U.S.; (3) the "gravitational pull" exerted by the legal profession on mediation and other processes; (4) concerns over racial, ethnic...
Grit: Perseverance and Passion for Long-Term Goals
July 27, 2017
The other factors that could influence high performance have been variously named as non-cognitive, personality or motivational factors. Among these, the Big Five personality trait of Conscientiousness keeps emerging in research linking personality with high achievement and work outcomes. However, conscientiousness may be multi-faceted with the achievement oriented facets that make one work hard, try to do a good job, and completes the task at hand, be more closely related to job performance...
July 27, 2017
The other factors that could influence high performance have been variously named as non-cognitive, personality or motivational factors. Among these, the Big Five personality trait of Conscientiousness keeps emerging in research linking personality with high achievement and work outcomes. However, conscientiousness may be multi-faceted with the achievement oriented facets that make one work hard, try to do a good job, and completes the task at hand, be more closely related to job performance...
Conditions Precedent, Specific Performance, and Unclean Hands, All in One Texas Case!
July 27, 2017
A recent case out of Texas, Carnegie Homes & Construction, LLC v. Sahin, No. 01-16-00733-CV, brings up no fewer than three golden discussion topics of contracts law courses: conditions precedent, specific performance, and unclean hands. The dispute is actually a pretty run-of-the-mill disagreement over a real estate purchase. It just happens to contain a lot of arguments. First, Carnegie Homes, the buyer, attempted to argue that a number of conditions precedent had never been fulfilled,...
July 27, 2017
A recent case out of Texas, Carnegie Homes & Construction, LLC v. Sahin, No. 01-16-00733-CV, brings up no fewer than three golden discussion topics of contracts law courses: conditions precedent, specific performance, and unclean hands. The dispute is actually a pretty run-of-the-mill disagreement over a real estate purchase. It just happens to contain a lot of arguments. First, Carnegie Homes, the buyer, attempted to argue that a number of conditions precedent had never been fulfilled,...
Ten Things: Getting the Most Out of Mediation
July 27, 2017
Almost all in-house lawyers have dealt with mediation at some point. If you haven’t to date, you will. Mediation is a process to resolve disputes between parties where a neutral third party helps facilitate the discussions, negotiation, and (hopefully) ultimate settlement of the dispute. Unlike arbitration, mediation is generally voluntary and non-binding. Meaning, in addition to picking their mediator, the parties get to decide whether and how they will resolve their dispute. There are times...
July 27, 2017
Almost all in-house lawyers have dealt with mediation at some point. If you haven’t to date, you will. Mediation is a process to resolve disputes between parties where a neutral third party helps facilitate the discussions, negotiation, and (hopefully) ultimate settlement of the dispute. Unlike arbitration, mediation is generally voluntary and non-binding. Meaning, in addition to picking their mediator, the parties get to decide whether and how they will resolve their dispute. There are times...
Critical thinking skills are more important than IQ for making good decisions in life
July 26, 2017
To lead a good life, we need to make good decisions: manage our health and financial affairs, invest in appropriate relationships,...
July 26, 2017
To lead a good life, we need to make good decisions: manage our health and financial affairs, invest in appropriate relationships,...
Are Fiduciaries Setting Themselves Up to Be Sued?
July 26, 2017
Litigation targeting estate-related trusts and trustees is continually increasing. The conflicts leading to these suits are often rooted in prior family dysfunction and slighted beneficiaries. In some cases, the trustee is at fault. When family members are appointed as trustee, they are often not able to manage estate assets in a manner that meets the high fiduciary standard. This failure subjects them to legal liability. In extreme cases, beneficiaries may become physically abusive in order to funnel...
July 26, 2017
Litigation targeting estate-related trusts and trustees is continually increasing. The conflicts leading to these suits are often rooted in prior family dysfunction and slighted beneficiaries. In some cases, the trustee is at fault. When family members are appointed as trustee, they are often not able to manage estate assets in a manner that meets the high fiduciary standard. This failure subjects them to legal liability. In extreme cases, beneficiaries may become physically abusive in order to funnel...
‘Moneyball’ Legal Analytics Helps Lawyers Assess Judges
July 26, 2017
Intellectual property lawyer Huong Nguyen walked into a federal courtroom a few years ago to defend a case for a maker of generic...
July 26, 2017
Intellectual property lawyer Huong Nguyen walked into a federal courtroom a few years ago to defend a case for a maker of generic...
Patent Venue in EDTex After TC Heartland
July 25, 2017
While not within the usual subject matter of this blog, the general importance to Texas business litigation of the Eastern...
July 25, 2017
While not within the usual subject matter of this blog, the general importance to Texas business litigation of the Eastern...
