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Prospect Theory and Stock Returns: An Empirical Test
March 19, 2016
We test the hypothesis that, when thinking about allocating money to a stock, investors mentally represent the stock by the distribution...
March 19, 2016
We test the hypothesis that, when thinking about allocating money to a stock, investors mentally represent the stock by the distribution...
Achieving Workable – and Just – ADR Results in Family Law
March 19, 2016
Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members. There are ways to improve the process and results of family law mediation. The keys are open communication, adequate preparation, proper timing and mediator selection. Open Communication – With the Opposing Party and With the Mediator. Pick up the telephone early in the case....
March 19, 2016
Mediation, the ADR vehicle most commonly used in family law cases, frequently results in a final settlement – but often only after a marathon session dealing with the many important issues in the lives of family members. There are ways to improve the process and results of family law mediation. The keys are open communication, adequate preparation, proper timing and mediator selection. Open Communication – With the Opposing Party and With the Mediator. Pick up the telephone early in the case....
The Historical Basis of Securities Arbitration as an Investor Protection Mechanism
March 18, 2016
This article explores the history of arbitration in the securities industry, focusing on the right of customers to demand arbitration of broker-dealer disputes. The article argues that, rather than depicting FINRA arbitration as an alternative dispute resolution process offering a level playing field, FINRA, as well as industry and investor advocates, should recall and reinforce the historical basis of securities arbitration as a mechanism to protect investors.
March 18, 2016
This article explores the history of arbitration in the securities industry, focusing on the right of customers to demand arbitration of broker-dealer disputes. The article argues that, rather than depicting FINRA arbitration as an alternative dispute resolution process offering a level playing field, FINRA, as well as industry and investor advocates, should recall and reinforce the historical basis of securities arbitration as a mechanism to protect investors.
SCOTX Will Not Review Case Ordering Evident Partiality Discovery
March 18, 2016
The Supreme Court of Texas has denied a party’s request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker. In Rodas v. La Madeleine of Texas, No. 15-0340, a woman sought damages from her employer for the purported injuries she sustained in an accident at work. At the time, the woman’s employer was not a Texas workers’ compensation insurance coverage subscriber. The dispute was later sent to arbitration and an award...
March 18, 2016
The Supreme Court of Texas has denied a party’s request to review the Dallas Appeals Court’s decision allowing post-arbitration discovery in a case that was filed by an injured worker. In Rodas v. La Madeleine of Texas, No. 15-0340, a woman sought damages from her employer for the purported injuries she sustained in an accident at work. At the time, the woman’s employer was not a Texas workers’ compensation insurance coverage subscriber. The dispute was later sent to arbitration and an award...
Three Types Of Claims Metrics Every Department Should Be Looking At
March 18, 2016
There is gold at the end of the rainbow! Good news! – claims departments are now flooded with great data. Seems like great news doesn’t it. It is great news, or can be, if you’re using the data to help improve the operations, lower cost or predict the future. However, many firms aren’t using the data they have to provide valuable information for the operation. With the advent of more modern claim technology there has been a push to input more and more information about claims. Claims...
March 18, 2016
There is gold at the end of the rainbow! Good news! – claims departments are now flooded with great data. Seems like great news doesn’t it. It is great news, or can be, if you’re using the data to help improve the operations, lower cost or predict the future. However, many firms aren’t using the data they have to provide valuable information for the operation. With the advent of more modern claim technology there has been a push to input more and more information about claims. Claims...
Joining a Conflict? It Pays to Know Your Style
March 17, 2016
“You cannot direct a living system; you can only disturb it”1 When mediators join a conflict, they enter a living system. Realise it or not, that system is instantly changed by their arrival. Change may be for the better, and we hope our influence is benign, but nothing is the same again. It therefore makes sense for those intervening in other people’s conflict to know themselves: what kind of person is joining the system? When teaching new mediators I like to use Ron Kraybill’s “Stylematters”...
March 17, 2016
“You cannot direct a living system; you can only disturb it”1 When mediators join a conflict, they enter a living system. Realise it or not, that system is instantly changed by their arrival. Change may be for the better, and we hope our influence is benign, but nothing is the same again. It therefore makes sense for those intervening in other people’s conflict to know themselves: what kind of person is joining the system? When teaching new mediators I like to use Ron Kraybill’s “Stylematters”...
Confidentiality in Consumer and Employment Arbitration
March 17, 2016
Christopher R. Drahozal, Associate Dean for Research & Faculty Development and John M. Rounds Professor of Law at the University of Kansas School of Law, has published “Confidentiality in Consumer and Employment Arbitration,” 7 Yearbook on Arbitration & Mediation, 2015. In his article, Professor Drahozaldiscusses what he believes is a generalized misperception regarding the confidentiality of arbitral procedures. Here is the abstract: This article examines an apparent misperception...
March 17, 2016
Christopher R. Drahozal, Associate Dean for Research & Faculty Development and John M. Rounds Professor of Law at the University of Kansas School of Law, has published “Confidentiality in Consumer and Employment Arbitration,” 7 Yearbook on Arbitration & Mediation, 2015. In his article, Professor Drahozaldiscusses what he believes is a generalized misperception regarding the confidentiality of arbitral procedures. Here is the abstract: This article examines an apparent misperception...
Make the Most of your Mediation: The Employment Case
March 17, 2016
Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle a case before discovery has been conducted. Here is how one set of motivated participants successfully settled a pre-filing employment dispute in four hours. Plaintiff submitted a reasonable demand far in advance of the mediation. The lawyers agreed to exchange...
March 17, 2016
Mediating employment disputes before legal action is filed gives parties an opportunity to settle their differences before incurring impressive attorney’s fees and expending valuable effort. Yet, it’s no easy thing to settle a case before discovery has been conducted. Here is how one set of motivated participants successfully settled a pre-filing employment dispute in four hours. Plaintiff submitted a reasonable demand far in advance of the mediation. The lawyers agreed to exchange...
Your Mediation May End Up Being a Marathon – Warm Up at the Start
March 16, 2016
Mediation sessions can take a long time and may seem not only to be a test of wills but a test as to who is willing to physically outlast the other. Don’t expect a sprint. Prepare for a marathon. Also don’t expect huge leaps of progress the first hour. Consider it as a way to stretch out or warm up for a long run. The first hour allows people to get used to the environment, it tests the waters and sets expectations. In a piece on Lifehacker on running Beth Skwarecki writes, “The first mile...
March 16, 2016
Mediation sessions can take a long time and may seem not only to be a test of wills but a test as to who is willing to physically outlast the other. Don’t expect a sprint. Prepare for a marathon. Also don’t expect huge leaps of progress the first hour. Consider it as a way to stretch out or warm up for a long run. The first hour allows people to get used to the environment, it tests the waters and sets expectations. In a piece on Lifehacker on running Beth Skwarecki writes, “The first mile...
Arizona Court Overturns Nursing Home Arbitration Agreement
March 16, 2016
One of the biggest changes when it comes to nursing homes in recent years has not been related to the care received but the agreement that gets someone into the facility. Arbitration agreements are now boiler plate language in nursing home contracts and severely constrict the ability of aggrieved residents or family from pursuing relief in court where the potential remedies are often more robust. But a recent Arizona case showed that the agreements are not ironclad. A man entered his mother into...
March 16, 2016
One of the biggest changes when it comes to nursing homes in recent years has not been related to the care received but the agreement that gets someone into the facility. Arbitration agreements are now boiler plate language in nursing home contracts and severely constrict the ability of aggrieved residents or family from pursuing relief in court where the potential remedies are often more robust. But a recent Arizona case showed that the agreements are not ironclad. A man entered his mother into...
