Blog Archives
Boundedly Rational Patient Decisionmaking
May 8, 2017
Ada C. Stefanescu Schmidt (Massachusetts General Hospital; Harvard Medical School), Ami Bhatt (MGH; Harvard Medical School), & Cass R. Sunstein (Harvard Law School; Harvard University - Harvard Kennedy School (HKS)) have posted Boundedly Rational Patients? Health and Patient Mistakes in a Behavioral Framework on SSRN. Here is the abstract: During medical visits, the stakes are high for many patients, who are put in a position to make, or to begin to make, important health-related decisions....
May 8, 2017
Ada C. Stefanescu Schmidt (Massachusetts General Hospital; Harvard Medical School), Ami Bhatt (MGH; Harvard Medical School), & Cass R. Sunstein (Harvard Law School; Harvard University - Harvard Kennedy School (HKS)) have posted Boundedly Rational Patients? Health and Patient Mistakes in a Behavioral Framework on SSRN. Here is the abstract: During medical visits, the stakes are high for many patients, who are put in a position to make, or to begin to make, important health-related decisions....
New: Barriers to Resolution in Ideologically Based Negotiations: The Role of Values and Institutions
May 8, 2017
While traditional behavioral decision theory as applied to negotiation sheds light on some of the barriers encountered in negotiations, it does not fully account for many of the difficulties and failures to reach settlement in ideologically-based disputes. In this paper, we identify a number of factors that differentiate ideologically-based negotiations from other types of negotiation, and advance a perspective that takes into account the value-laden and institutional contexts in which they occur....
May 8, 2017
While traditional behavioral decision theory as applied to negotiation sheds light on some of the barriers encountered in negotiations, it does not fully account for many of the difficulties and failures to reach settlement in ideologically-based disputes. In this paper, we identify a number of factors that differentiate ideologically-based negotiations from other types of negotiation, and advance a perspective that takes into account the value-laden and institutional contexts in which they occur....
Smartphone’s Popup Keypad Frustrates Formation of Arbitration Agreement
May 8, 2017
A recent decision involving the Uber ride-sharing app demonstrates an important principle in arbitration law. A party may have a well-drafted arbitration agreement, and the terms of the agreement may be appropriate. However, if the agreement is not implemented properly, the agreement may not be enforceable. The drafters of the FAA, in section 4 of the statute, very wisely instructed courts to examine the circumstances surrounding “the making of the agreement.” If there is a problem with...
May 8, 2017
A recent decision involving the Uber ride-sharing app demonstrates an important principle in arbitration law. A party may have a well-drafted arbitration agreement, and the terms of the agreement may be appropriate. However, if the agreement is not implemented properly, the agreement may not be enforceable. The drafters of the FAA, in section 4 of the statute, very wisely instructed courts to examine the circumstances surrounding “the making of the agreement.” If there is a problem with...
Designing Your Resolution Room
May 7, 2017
At Modria, we refer to the place where two parties (e.g. a buyer and a merchant) go to resolve a dispute (i.e. a transaction problem) as a “resolution room.” A well-designed resolution room is essential to the success of any online dispute resolution system or platform. It instantly puts your users at ease by ensuring them that they are in the right place, and that their problem will get a fast, easy solution. But designing a resolution room for your website can be difficult. Transaction...
May 7, 2017
At Modria, we refer to the place where two parties (e.g. a buyer and a merchant) go to resolve a dispute (i.e. a transaction problem) as a “resolution room.” A well-designed resolution room is essential to the success of any online dispute resolution system or platform. It instantly puts your users at ease by ensuring them that they are in the right place, and that their problem will get a fast, easy solution. But designing a resolution room for your website can be difficult. Transaction...
What Makes the Arrogant Person so Arrogant?
May 7, 2017
Arrogance is a trait that society often values and rewards, particularly in certain arenas such as politics and business. We often think of the successful people as those who are able to push themselves out in front of others to win whatever competition in which they’re involved. Whether it’s getting more votes, more customers, or points on the playing field, the arrogant show little care or concern for who they leave behind in the dust. If you’ve got an arrogant coworker, you know how frustrating...
May 7, 2017
Arrogance is a trait that society often values and rewards, particularly in certain arenas such as politics and business. We often think of the successful people as those who are able to push themselves out in front of others to win whatever competition in which they’re involved. Whether it’s getting more votes, more customers, or points on the playing field, the arrogant show little care or concern for who they leave behind in the dust. If you’ve got an arrogant coworker, you know how frustrating...
High-Conflict Divorce: 3 Lessons Learned From the Couch
May 7, 2017
What is a high-conflict personality? While common terms include “toxic,” “personality disorder,” and “narcissistic,” the general definition is someone who engages in behaviors that reinforce conflict, rather than reduce or resolve conflict. Typically, four behavioral characteristics are associated with high-conflict personalities: All-or-nothing thinking Emotional outbursts Extreme behaviors Blaming others
May 7, 2017
What is a high-conflict personality? While common terms include “toxic,” “personality disorder,” and “narcissistic,” the general definition is someone who engages in behaviors that reinforce conflict, rather than reduce or resolve conflict. Typically, four behavioral characteristics are associated with high-conflict personalities: All-or-nothing thinking Emotional outbursts Extreme behaviors Blaming others
Insurers Embrace AI to Communicate With Customers
May 6, 2017
Insurance companies will spend on average $90 million on artificial-intelligence technologies by 2020, according to research from Tata Consultancy Services. The IT consulting firm forecasts in a study that insurers will place fourth behind telecommunications ($131 million), high tech ($119 million), and banking ($99 million) in AI spending by the end of the decade. Geico, the U.S. insurer owned by Berkshire Hathaway Inc., uses a a virtual assistant for its mobile application called Kate, according...
May 6, 2017
Insurance companies will spend on average $90 million on artificial-intelligence technologies by 2020, according to research from Tata Consultancy Services. The IT consulting firm forecasts in a study that insurers will place fourth behind telecommunications ($131 million), high tech ($119 million), and banking ($99 million) in AI spending by the end of the decade. Geico, the U.S. insurer owned by Berkshire Hathaway Inc., uses a a virtual assistant for its mobile application called Kate, according...
Powers of a District Court to Grant Interim Relief After Compelling Arbitration of All Claims Before It
May 6, 2017
Last month, we described the split among Federal Circuit Courts regarding the question of whether the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3, mandates a stay rather than dismissal of a judicial proceeding after a district court compels arbitration of all of the claims in an action before it ( LINK ). But what is the practical significance of the district court’s retaining jurisdiction? | Among other things, it may thus be able to grant interim relief in order to preserve the status...
May 6, 2017
Last month, we described the split among Federal Circuit Courts regarding the question of whether the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3, mandates a stay rather than dismissal of a judicial proceeding after a district court compels arbitration of all of the claims in an action before it ( LINK ). But what is the practical significance of the district court’s retaining jurisdiction? | Among other things, it may thus be able to grant interim relief in order to preserve the status...
The Case For Running
May 6, 2017
A broad review published last month by medical researchers from across the country makes the case that running is the most effective form of exercise. The review analyzes data from the non-profit Cooper Institute, which is dedicated to researching preventative medicine, and includes results from other recent meta-analyses and large-scale studies that sought to determine the link between physical activity and health. The analysis concludes that runners live three years longer than non-runners,...
May 6, 2017
A broad review published last month by medical researchers from across the country makes the case that running is the most effective form of exercise. The review analyzes data from the non-profit Cooper Institute, which is dedicated to researching preventative medicine, and includes results from other recent meta-analyses and large-scale studies that sought to determine the link between physical activity and health. The analysis concludes that runners live three years longer than non-runners,...
You Decide!
May 5, 2017
While everyone agrees that it is always best to have the actual parties and counsel physically present at a mediation, this is not always possible. Often, the plaintiff may appear by telephone and at times, I may not even be able to speak to the plaintiff but only to her counsel sitting in my conference room who then speaks to plaintiff by telephone when I leave. A recent mediation has left me unsettled….and now wondering whether it is not such a bad thing that the California Law Revision Commission...
May 5, 2017
While everyone agrees that it is always best to have the actual parties and counsel physically present at a mediation, this is not always possible. Often, the plaintiff may appear by telephone and at times, I may not even be able to speak to the plaintiff but only to her counsel sitting in my conference room who then speaks to plaintiff by telephone when I leave. A recent mediation has left me unsettled….and now wondering whether it is not such a bad thing that the California Law Revision Commission...
