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Conflict Resolution in the Clinical Setting: A Story Beyond Bioethics Mediation
April 8, 2016
E. H. Morreim, J.D., Ph.D., has published a timely article entitled, “Conflict Resolution in the Clinical Setting: A Story Beyond Bioethics Mediation,” Journal of Law, Medicine and Ethics, Vol. 43, No. 4, 2015. In her journal article, the Professor of Internal Medicine at the University of Tennessee Health Science Center examines mediation and other conflict resolution techniques in the context of a clinical healthcare setting. Here is the abstract: Rarely do ethics consults focus on genuine...
April 8, 2016
E. H. Morreim, J.D., Ph.D., has published a timely article entitled, “Conflict Resolution in the Clinical Setting: A Story Beyond Bioethics Mediation,” Journal of Law, Medicine and Ethics, Vol. 43, No. 4, 2015. In her journal article, the Professor of Internal Medicine at the University of Tennessee Health Science Center examines mediation and other conflict resolution techniques in the context of a clinical healthcare setting. Here is the abstract: Rarely do ethics consults focus on genuine...
Is This the Proof of Concept for Artificial Intelligence in Law?
April 8, 2016
The jury is still out on the role to be played by artificial intelligence in law. As a recent New York Times article observed about IBM’s attempts to commercialize its Watson AI computer, “[C]ommercializing new technology, however promising, typically comes in short steps rather than giant leaps.” That said, there was a notable leap this week when Deloitte and Kira Systems announced an alliance “to bring the power of machine learning to the workplace, an innovation that could help free...
April 8, 2016
The jury is still out on the role to be played by artificial intelligence in law. As a recent New York Times article observed about IBM’s attempts to commercialize its Watson AI computer, “[C]ommercializing new technology, however promising, typically comes in short steps rather than giant leaps.” That said, there was a notable leap this week when Deloitte and Kira Systems announced an alliance “to bring the power of machine learning to the workplace, an innovation that could help free...
Montana Finds Arbitration Agreement Unconscionable For Lack of Mutuality
April 7, 2016
March comes in like a lion, right? Well, that’s not true with respect to the weather here in Minneapolis. But it may be true with respect to arbitration decisions from around the country. This post focuses on two recent decisions from state high courts that refuse to compel arbitration. In Global Client Solutions, LLC v. Ossello, 2016 WL 825140 (Mont. Mar. 2, 2016), a majority of Montana’s Supreme Court refused to enforce the arbitration clause between a consumer and a financial institution...
April 7, 2016
March comes in like a lion, right? Well, that’s not true with respect to the weather here in Minneapolis. But it may be true with respect to arbitration decisions from around the country. This post focuses on two recent decisions from state high courts that refuse to compel arbitration. In Global Client Solutions, LLC v. Ossello, 2016 WL 825140 (Mont. Mar. 2, 2016), a majority of Montana’s Supreme Court refused to enforce the arbitration clause between a consumer and a financial institution...
Survey Finds Uptick in Use of Predictive Analytics by P/C Carriers
April 7, 2016
Over the next two years, many property/casualty insurers expect to advance their use of predictive analytics to both improve...
April 7, 2016
Over the next two years, many property/casualty insurers expect to advance their use of predictive analytics to both improve...
Witnesses in Arbitration – Federal Arbitration Act
April 6, 2016
Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). My prior article addressed the California Arbitration Act, but there are significant differences under the Federal Arbitration Act (FAA). The FAA provides limited authority to subpoena witnesses or a summons to a hearing under Section 7: The arbitrators selected either as prescribed...
April 6, 2016
Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable). My prior article addressed the California Arbitration Act, but there are significant differences under the Federal Arbitration Act (FAA). The FAA provides limited authority to subpoena witnesses or a summons to a hearing under Section 7: The arbitrators selected either as prescribed...
Delaware Judge Approves Litigation Finance in Complex Business Dispute
April 6, 2016
A Delaware court ruled Wednesday that a business suing another business was within its legal means when it contracted with a litigation finance company to help pay the cost of going to trial. Delaware Superior Court Judge Jan. R. Jurden decided that Boston-based Charge Injection Technologies (CIT) did not violate the state’s prohibition against “champerty and maintenance” when it engaged a third-party to finance the litigation. The 13-page opinion released Wednesday is believed to be the first...
April 6, 2016
A Delaware court ruled Wednesday that a business suing another business was within its legal means when it contracted with a litigation finance company to help pay the cost of going to trial. Delaware Superior Court Judge Jan. R. Jurden decided that Boston-based Charge Injection Technologies (CIT) did not violate the state’s prohibition against “champerty and maintenance” when it engaged a third-party to finance the litigation. The 13-page opinion released Wednesday is believed to be the first...
Timing is Everything, Even in Mediation
April 6, 2016
It depends on the nature of the case, the facts, the applicable laws, pending motions and their likelihood of success or failure, how close to trial the matter is and most importantly, the willingness of the parties to compromise. It’s difficult to decide when the case is just right, just ripe enough so that a settlement will taste good enough to the parties and they will leave satiated. The hungrier for settlement the parties are the earlier the case may ripen. All too often much time, energy...
April 6, 2016
It depends on the nature of the case, the facts, the applicable laws, pending motions and their likelihood of success or failure, how close to trial the matter is and most importantly, the willingness of the parties to compromise. It’s difficult to decide when the case is just right, just ripe enough so that a settlement will taste good enough to the parties and they will leave satiated. The hungrier for settlement the parties are the earlier the case may ripen. All too often much time, energy...
Tech Companies are Increasingly Choosing ADR
April 5, 2016
Due to the rising cost and length of litigation, and a desire for privacy, tech companies are turning to alternative dispute resolution (ADR) to settle legal clashes. But, where do they go to identify efficient, vetted ADR experts? What do in-house counsel and law firms need to know to make the process run smoothly? * * * Tech companies increasingly turning to ADR to settle legal clashes, and there are a lot of reasons for that. According to Benton, first, courts are backlogged with cases....
April 5, 2016
Due to the rising cost and length of litigation, and a desire for privacy, tech companies are turning to alternative dispute resolution (ADR) to settle legal clashes. But, where do they go to identify efficient, vetted ADR experts? What do in-house counsel and law firms need to know to make the process run smoothly? * * * Tech companies increasingly turning to ADR to settle legal clashes, and there are a lot of reasons for that. According to Benton, first, courts are backlogged with cases....
The International Evolution of Mediation: A Call for Dialogue and Deliberation
April 5, 2016
The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programs, laws and regulations; an international "evangelical" movement; and growing...
April 5, 2016
The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programs, laws and regulations; an international "evangelical" movement; and growing...
