Mediation may be viewed as performance art, in which every case has improvisational aspects. Here are key rules.
1. Don’t deny offers and ideas:
2. Say yes, and!:
3. Avoid questions:
4. Be aware of status:
5. Listen:
6. Spontaneity:
7. Make the other guy look good:
8. Tell a story:
9. Look beyond the words:
10. Don’t waffle:
11. Don’t try to be funny:
12. Make the active choice:
13. Enter and exit with purpose:
14. Create a game within a scene:
15....
Ybarra sued the Dish Network, alleging that he received seven calls from it in violation if the Telephone Consumer Protection Act. The trial court granted partial summary judgment for Ybarra on three of the calls, after which the parties agreed to the dismissal of the remaining claims. Dish appealed, and Ybarra objected because the final judgment did not reserve Dish’s right to appeal. Distinguishing the much-criticized case of Amstar Corp. v. Southern Pacific, 607 F.2d 1100 (5th Cir. 1979),...
Can judgment even be taught? It thrives on its own flexibility and resourcefulness in the face of ever-changing circumstances. It therefore cannot be a matter of hard-and-fast rules. What is there to teach? But neither does experience seem enough. Many seasoned litigators seem rather clueless. They never learn to make good judgments. There is the old joke about the lawyer who tells a client she should hire him because of his good judgment, and when the client asks the source of his good judgment,...
A new tool for analyzing academic papers uses cutting-edge AI to find meaning in billions of words.
If computers can be taught to find meaning in the thousands of research papers published each year, then perhaps they could automatically highlight important new trends or discoveries, and draw conclusions from them.
The Allen Institute for Artificial Intelligence is working toward this very goal, and has developed a new tool called Semantic Scholar that can search through millions of computer...
Nissan Motor Co. showed a concept vehicle loaded with laser scanners, a 360 degree camera setup, a radar and computer chips so the car can “think” to deliver autonomous driving. The Japanese automaker called it IDS, which stands for “intelligent driving system.”
Nissan, based in Yokohama, Japan, said it will offer some autonomous driving features by the end of next year in Japan. By 2018, it said vehicles with the technology will be able to conduct lane changes on highways. By 2020, such...
There is a simpler way to inspire change. In recent years, social scientists led by Todd Thrash have demystified the phenomenon of inspiration. At its core, inspiration is what happens when a person feels stimulated to bring some new idea to life after becoming spontaneously aware of new possibilities. Bold visions of greatness and charismatic speeches are certainly one way to elicit that feeling. But a few years ago, we stumbled onto another way.
In a series of field experiments, my colleagues...