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Why Dressing for Success Leads to (Negotiating) Success
April 21, 2016
New research shows that when workers wear nicer clothes, they achieve more A number of recent studies suggest that dressing up for work in a suit or blazer could do wonders for an employee’s productivity, whether going into a negotiation, making a sales call or even participating in a videoconference with business associates. Using a number of measures, including simulated business meetings at which subjects wore formal and more casual clothing, the studies offer indications that wearing...
April 21, 2016
New research shows that when workers wear nicer clothes, they achieve more A number of recent studies suggest that dressing up for work in a suit or blazer could do wonders for an employee’s productivity, whether going into a negotiation, making a sales call or even participating in a videoconference with business associates. Using a number of measures, including simulated business meetings at which subjects wore formal and more casual clothing, the studies offer indications that wearing...
Storytelling
April 21, 2016
Stories are our past, our present and our future. Each generation of our forefathers has presented a story to be shared with the next generation so that history can be told again, and the present can be shared with the future. Stories are a means of preserving our heritage and are also a means of communicating and sharing our humanity and a means to connect with each other. Storytelling is also a critical part of persuasion and influence. Some of the greatest storytellers are able to bring...
April 21, 2016
Stories are our past, our present and our future. Each generation of our forefathers has presented a story to be shared with the next generation so that history can be told again, and the present can be shared with the future. Stories are a means of preserving our heritage and are also a means of communicating and sharing our humanity and a means to connect with each other. Storytelling is also a critical part of persuasion and influence. Some of the greatest storytellers are able to bring...
Ninth Circuit Refuses To Enforce Arbitration Clause In Sham Franchise Agreement
April 21, 2016
A short new opinion from the Ninth Circuit may run counter to long-standing Supreme Court precedent. In Casa Del Caffe Vergnano v. Italflavors, 2016 WL 1016779 (9th Cir. Mar. 15, 2016), the court refused to enforce an arbitration agreement in a contract that the parties admitted signing, because the parties simultaneously signed a second agreement declaring the first one a sham. The story is that two undocumented immigrants chose to become a franchisee of an Italian corporation, Caffe Vergnano,...
April 21, 2016
A short new opinion from the Ninth Circuit may run counter to long-standing Supreme Court precedent. In Casa Del Caffe Vergnano v. Italflavors, 2016 WL 1016779 (9th Cir. Mar. 15, 2016), the court refused to enforce an arbitration agreement in a contract that the parties admitted signing, because the parties simultaneously signed a second agreement declaring the first one a sham. The story is that two undocumented immigrants chose to become a franchisee of an Italian corporation, Caffe Vergnano,...
2016 Arbitration Clause Thoughts
April 20, 2016
I spent most of last week in a construction arbitration. It got me to thinking about drafting arbitration clauses, be it in the employment or any context. A few years ago I wrote an article on what I would consider in preparing an agreement. The suggestions included: A requirement that the case be disposed of within a certain time period. (i.e. 6 months from filing); A limitation on the number of witnesses that can be called, the amount of time each side has to put on their case, basically...
April 20, 2016
I spent most of last week in a construction arbitration. It got me to thinking about drafting arbitration clauses, be it in the employment or any context. A few years ago I wrote an article on what I would consider in preparing an agreement. The suggestions included: A requirement that the case be disposed of within a certain time period. (i.e. 6 months from filing); A limitation on the number of witnesses that can be called, the amount of time each side has to put on their case, basically...
Early Mediation of Insurance Coverage Disputes
April 20, 2016
Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer mediate coverage disputes prior to engaging in litigation. Some of these provisions provide that the mediation shall continue until the mediator declares an impasse. Others have a cooling-off period after the mediation that preclude either party from filing suit for a period...
April 20, 2016
Mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the policyholder and insurer mediate coverage disputes prior to engaging in litigation. Some of these provisions provide that the mediation shall continue until the mediator declares an impasse. Others have a cooling-off period after the mediation that preclude either party from filing suit for a period...
In 3 Recent Decisions, Supreme Court of Arkansas Deeply Divided on Arbitration
April 20, 2016
The Supreme Court of Arkansas has issued three opinions within the span of four weeks, all on the topic of whether defendants can compel arbitration. Each of the opinions came with a vigorous dissent. The cases offer an interesting look at a state high court that appears to be struggling to deal with FAA case law from SCOTUS; on one hand the court cites recent federal arbitration jurisprudence, but on the other it displays real skepticism about arbitration (at least of consumer disputes) and uses...
April 20, 2016
The Supreme Court of Arkansas has issued three opinions within the span of four weeks, all on the topic of whether defendants can compel arbitration. Each of the opinions came with a vigorous dissent. The cases offer an interesting look at a state high court that appears to be struggling to deal with FAA case law from SCOTUS; on one hand the court cites recent federal arbitration jurisprudence, but on the other it displays real skepticism about arbitration (at least of consumer disputes) and uses...
Principles and Optimism / Realism and Compromise
April 19, 2016
As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!” I take this with a grain or two of salt because I have learned that if the other party becomes sufficiently generous in the offer, the “principled” party will accept the generous terms and settle. In his book, The Conflict Paradox (ABA and Jossey-Bass 2015), Bernard Mayer discusses the paradoxes of Principle and Compromise (Id. at 131-166) and Optimism and Realism....
April 19, 2016
As a mediator, I have often had a party tell me that she will not settle on the terms proffered because, “It is all about principle!” I take this with a grain or two of salt because I have learned that if the other party becomes sufficiently generous in the offer, the “principled” party will accept the generous terms and settle. In his book, The Conflict Paradox (ABA and Jossey-Bass 2015), Bernard Mayer discusses the paradoxes of Principle and Compromise (Id. at 131-166) and Optimism and Realism....
Failure to Mediate Held as Ground for Summary Judgment
April 19, 2016
A recent decision of the Supreme Court of Nevada addresses the question whether a party’s ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action. In MB America, Inc. v. Alaska Pacific Leasing Company, the court said it was, confirming the award of summary judgment in favor of the defendant. Alaska Pacific agreed to be a dealer to sell certain rock-crushing machines manufactured by MBA. The contract provided: Any...
April 19, 2016
A recent decision of the Supreme Court of Nevada addresses the question whether a party’s ignoring a provision in a commercial contract requiring mediation prior to commencing litigation may be grounds for dismissal of the action. In MB America, Inc. v. Alaska Pacific Leasing Company, the court said it was, confirming the award of summary judgment in favor of the defendant. Alaska Pacific agreed to be a dealer to sell certain rock-crushing machines manufactured by MBA. The contract provided: Any...
The Shrinking Joint Session: Survey Results
April 19, 2016
As mediation has proliferated and become part of our legal culture, how mediations are conducted has diversified. There is no “standard” process of mediation, and there is little empirical evidence to inform us about what happens behind closed mediation doors. As a result, many of us tend to think that how we conduct mediation is the norm, particularly if it is how we were trained. I co-authored one of the earliest books on mediation, premised on the assumption that the entire process would...
April 19, 2016
As mediation has proliferated and become part of our legal culture, how mediations are conducted has diversified. There is no “standard” process of mediation, and there is little empirical evidence to inform us about what happens behind closed mediation doors. As a result, many of us tend to think that how we conduct mediation is the norm, particularly if it is how we were trained. I co-authored one of the earliest books on mediation, premised on the assumption that the entire process would...
Improv and Mediation
April 18, 2016
Making One’s Partner Look Good To my mind, this flows from the principle above. By accepting and building on your partner’s...
April 18, 2016
Making One’s Partner Look Good To my mind, this flows from the principle above. By accepting and building on your partner’s...
