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IMI Survey Solicitation
January 22, 2016
The International Mediation Institute seeks participants in a brief survey (they claim it takes 7 minutes but heck, I’ll...
January 22, 2016
The International Mediation Institute seeks participants in a brief survey (they claim it takes 7 minutes but heck, I’ll...
The Latest on Mediation Confidentiality in California
January 22, 2016
On December 10, 2015, the California Law Revision Commission (CLRC) met in Los Angeles, Ca to discuss the concept of in camera review as part of its tentative recommendation to create an exception to mediation confidentiality for attorney malpractice and other misconduct. (Since 2012-2013, the CLRC has been extensively studying the Relationship between Mediation Confidentiality and Attorney Malpractice and Other Misconduct entitled Study K-402 which may be found at: http://www.clrc.ca.gov/K402.html Instead,...
January 22, 2016
On December 10, 2015, the California Law Revision Commission (CLRC) met in Los Angeles, Ca to discuss the concept of in camera review as part of its tentative recommendation to create an exception to mediation confidentiality for attorney malpractice and other misconduct. (Since 2012-2013, the CLRC has been extensively studying the Relationship between Mediation Confidentiality and Attorney Malpractice and Other Misconduct entitled Study K-402 which may be found at: http://www.clrc.ca.gov/K402.html Instead,...
Trial Court Erred in Voiding Mediated Settlement Agreement
January 22, 2016
The Thirteenth Court of Appeals, in Flores v. Medline Industries, Inc., held that the trial court erred when it granted a motion for summary judgment to void a mediated settlement agreement. * * * Afterwards, Medline filed a MSJ seeking to void the mediated settlement agreement on the grounds of mutual or unilateral mistake which was granted. In reversing the trial court's summary judgment, the Thirteenth Court of Appeals analyzed whether conclusive evidence was presented on the issue of mistake....
January 22, 2016
The Thirteenth Court of Appeals, in Flores v. Medline Industries, Inc., held that the trial court erred when it granted a motion for summary judgment to void a mediated settlement agreement. * * * Afterwards, Medline filed a MSJ seeking to void the mediated settlement agreement on the grounds of mutual or unilateral mistake which was granted. In reversing the trial court's summary judgment, the Thirteenth Court of Appeals analyzed whether conclusive evidence was presented on the issue of mistake....
Convincing Based on Logic and Facts a Losing Proposition
January 21, 2016
We all like to think how smart, sophisticated and logical we are. We think we can’t be manipulated by people trying to use our emotions in order to get us to buy something or agree to someone’s opinion. We may be overestimating ourselves. The truth is an argument based on an emotional appeal has a greater chance of getting someone to agree with you than facts that support your position, according to an article in Quartz. Rob Yeung, a psychologist and author of How to Stand Out, states the most...
January 21, 2016
We all like to think how smart, sophisticated and logical we are. We think we can’t be manipulated by people trying to use our emotions in order to get us to buy something or agree to someone’s opinion. We may be overestimating ourselves. The truth is an argument based on an emotional appeal has a greater chance of getting someone to agree with you than facts that support your position, according to an article in Quartz. Rob Yeung, a psychologist and author of How to Stand Out, states the most...
Which System Would the Jury Use?
January 21, 2016
If you have been reading my blogs, you know that I am interested in neuroscience and the notion as discussed by Daniel Kahneman...
January 21, 2016
If you have been reading my blogs, you know that I am interested in neuroscience and the notion as discussed by Daniel Kahneman...
SCOTUS: Class Arbitration Waivers Valid
January 21, 2016
On December 14, 2015, the United States Supreme Court issued its opinion in DirectTV, Inc. v. Imburgia. The US Supreme Court...
January 21, 2016
On December 14, 2015, the United States Supreme Court issued its opinion in DirectTV, Inc. v. Imburgia. The US Supreme Court...
The Dangers of Texting While Negotiating
January 20, 2016
Though not as potentially lethal as texting while driving, the use of texts by attorneys to communicate with the other party, if not done with care, may result in the negotiations crashing and burning. Texting is the preferred means of communicating for many people but given its limitations one must be careful when negotiating by text. The main upsides for texting are ease and convenience. In addition face to face communications and even phone calls have a level of stress that can be avoided by the nearly...
January 20, 2016
Though not as potentially lethal as texting while driving, the use of texts by attorneys to communicate with the other party, if not done with care, may result in the negotiations crashing and burning. Texting is the preferred means of communicating for many people but given its limitations one must be careful when negotiating by text. The main upsides for texting are ease and convenience. In addition face to face communications and even phone calls have a level of stress that can be avoided by the nearly...
2015: Arbitration Inches Toward Center Stage
January 20, 2016
Arbitration case law did not break any new ground in 2015. Instead, a larger sector of the public became aware of the ground already broken in 2011 and 2013, as well as how common arbitration is in professional sports. Let’s review some of the attention-grabbing arbitration headlines of 2015. There was: * * * What would casual observers learn from this year of arbitration headlines? Two lessons: first, famous athletes have an uncanny knack for vacating arbitration awards; and second,...
January 20, 2016
Arbitration case law did not break any new ground in 2015. Instead, a larger sector of the public became aware of the ground already broken in 2011 and 2013, as well as how common arbitration is in professional sports. Let’s review some of the attention-grabbing arbitration headlines of 2015. There was: * * * What would casual observers learn from this year of arbitration headlines? Two lessons: first, famous athletes have an uncanny knack for vacating arbitration awards; and second,...
Davos Robot Eclipses Davos Man as Gloom Descends on Elite
January 20, 2016
First there was Davos Man and then Davos Woman. Get ready for Davos Robot. Facebook’s Sheryl Sandberg, JPMorgan Chase’s Jamie Dimon and Alibaba’s Jack Ma will share the spotlight with a prize-winning South Korean robot called HUBO at the annual meeting of the World Economic Forum this week in the Swiss ski resort. It’s a presence they’ll have to get used to. The adult-sized automaton, which can climb stairs and enter and exit a car, will be a star attraction at the conference. It illustrates...
January 20, 2016
First there was Davos Man and then Davos Woman. Get ready for Davos Robot. Facebook’s Sheryl Sandberg, JPMorgan Chase’s Jamie Dimon and Alibaba’s Jack Ma will share the spotlight with a prize-winning South Korean robot called HUBO at the annual meeting of the World Economic Forum this week in the Swiss ski resort. It’s a presence they’ll have to get used to. The adult-sized automaton, which can climb stairs and enter and exit a car, will be a star attraction at the conference. It illustrates...
Alabama Acknowledges AAA Rules Authorize Arbitrator To Determine Whether Non-Signatory Is Bound
January 19, 2016
The Alabama Supreme Court has followed the Eighth Circuit’s lead, concluding that when the parties agree to arbitrate pursuant to the AAA Rules, they have clearly and unmistakably authorized the arbitrator to determine who is bound by that arbitration agreement. Federal Ins. Co. v. Reedstrom, __ So. 3d __, 2015 WL 9264282 (Ala. Dec. 18, 2015). The dispute in Reedstrom centered on whether an executive liability insurance policy covered a judgment against a former executive for misconduct. The executive...
January 19, 2016
The Alabama Supreme Court has followed the Eighth Circuit’s lead, concluding that when the parties agree to arbitrate pursuant to the AAA Rules, they have clearly and unmistakably authorized the arbitrator to determine who is bound by that arbitration agreement. Federal Ins. Co. v. Reedstrom, __ So. 3d __, 2015 WL 9264282 (Ala. Dec. 18, 2015). The dispute in Reedstrom centered on whether an executive liability insurance policy covered a judgment against a former executive for misconduct. The executive...
