Menu
Blog Archives
Specific Offers Confidential But “Monumental Gap” Okay
April 17, 2015
Mediation confidentiality was violated by a pleading including the specific positions taken in mediation, but broad characterizations...
April 17, 2015
Mediation confidentiality was violated by a pleading including the specific positions taken in mediation, but broad characterizations...
28th Annual Summer Professional Skills Program in Dispute Resolution in Malibu
April 16, 2015
In June 2014 the 27th Annual Professional Skills Program had record registrations of over 300 participants from 30 states and 6 foreign countries! Register early for 2015 as some courses will sell out. Featuring a panel of nationally recognized experts in dispute resolution, this comprehensive program provides three days of unique educational opportunities for practicing professionals. Participants will network with nationally prominent faculty, as well as participants from the other specialties...
April 16, 2015
In June 2014 the 27th Annual Professional Skills Program had record registrations of over 300 participants from 30 states and 6 foreign countries! Register early for 2015 as some courses will sell out. Featuring a panel of nationally recognized experts in dispute resolution, this comprehensive program provides three days of unique educational opportunities for practicing professionals. Participants will network with nationally prominent faculty, as well as participants from the other specialties...
Predicting Future Negotiating Behavior
April 16, 2015
Hope and uncertainty are often the coin of the realm in mediation. Mediation participants are now using predictive analytics...
April 16, 2015
Hope and uncertainty are often the coin of the realm in mediation. Mediation participants are now using predictive analytics...
Insufficient Term Sheet and Lack of Clear Intent to Settle Undermines Mediation Outcome
April 16, 2015
A federal court applying Illinois law concluded that a term sheet developed in mediation was not an enforceable settlement agreement because key terms were missing and there was no clear indication that the parties intended the term sheet to be enforceable, rather than just an agreement to agree. The court noted that the term sheet had been hastily developed through a mediator’s proposal at the end of a long day, with the mediator shuttling between the parties and no direct communication over the terms....
April 16, 2015
A federal court applying Illinois law concluded that a term sheet developed in mediation was not an enforceable settlement agreement because key terms were missing and there was no clear indication that the parties intended the term sheet to be enforceable, rather than just an agreement to agree. The court noted that the term sheet had been hastily developed through a mediator’s proposal at the end of a long day, with the mediator shuttling between the parties and no direct communication over the terms....
UK Civil Justice Council Recommends eBay-Style Settlement System
April 15, 2015
The European Union, the Netherlands and Canada were the first. Now the UK body responsible for overseeing and co-ordinating the modernisation of the civil justice system is recommending setting up an online dispute resolution service for small civil claims – i.e. an ‘eBay-style’ justice system. The wheels of justice tend to move slowly in all democracies. Many people are therefore now advocating the creation of a sort of Courts 2.0 system, online platforms set up to deal with low value civil...
April 15, 2015
The European Union, the Netherlands and Canada were the first. Now the UK body responsible for overseeing and co-ordinating the modernisation of the civil justice system is recommending setting up an online dispute resolution service for small civil claims – i.e. an ‘eBay-style’ justice system. The wheels of justice tend to move slowly in all democracies. Many people are therefore now advocating the creation of a sort of Courts 2.0 system, online platforms set up to deal with low value civil...
SCOTUS Grants Cert on an Arbitration Case
April 15, 2015
The case is DIRECTV, Inc. v. Imburgia. You can read all about it on SCOTUSblog. The issue is: Whether the California Court of Appeal erred by holding, in direct conflict with the Ninth Circuit, that a reference to state law in an arbitration agreement governed by the Federal Arbitration Act requires the application of state law preempted by the Federal Arbitration Act. The case involved a consumer contract with a class action waiver in Section 9. It also provided as follows: “if . . . the law of your...
April 15, 2015
The case is DIRECTV, Inc. v. Imburgia. You can read all about it on SCOTUSblog. The issue is: Whether the California Court of Appeal erred by holding, in direct conflict with the Ninth Circuit, that a reference to state law in an arbitration agreement governed by the Federal Arbitration Act requires the application of state law preempted by the Federal Arbitration Act. The case involved a consumer contract with a class action waiver in Section 9. It also provided as follows: “if . . . the law of your...
Mediation at the U.S. International Trade Commission
April 15, 2015
Mediation has long been center stage among dispute resolution processes. It affords parties and their counsel many well-known...
April 15, 2015
Mediation has long been center stage among dispute resolution processes. It affords parties and their counsel many well-known...
Empathy Is Key to a Great Meeting [and Mediation]
April 14, 2015
Why empathy? Empathy is a competency that allows you to read people. Who is supporting whom? Who is pissed off and who is coasting? Where is the resistance? This isn’t as easy as it seems. Sometimes, the smartest resisters often look like supporters, but they’re not supportive at all. They’re smart, sneaky idea-killers. Carefully reading people will also help you understand the major, and often hidden conflicts in the group. Hint: These conflicts probably have nothing to do with the topics...
April 14, 2015
Why empathy? Empathy is a competency that allows you to read people. Who is supporting whom? Who is pissed off and who is coasting? Where is the resistance? This isn’t as easy as it seems. Sometimes, the smartest resisters often look like supporters, but they’re not supportive at all. They’re smart, sneaky idea-killers. Carefully reading people will also help you understand the major, and often hidden conflicts in the group. Hint: These conflicts probably have nothing to do with the topics...
Tina Stark on Contract Drafting at the Intersection of Law and Business
April 14, 2015
When I speak about contract drafting, I often state that contract drafting sits at the intersection of law and business. Students can learn about style, organization, process, interpretation, ambiguity, and clarity, but if they don't know the law and understand the deal, the contract will be ripe for litigation. In Buckingham v. Buckingham, 14335 314297/11, NYLJ at *1 (App. Div., 1st, Decided March 19, 2015), a well-known matrimonial lawyer botched the drafting of a prenuptial agreement. As drafted,...
April 14, 2015
When I speak about contract drafting, I often state that contract drafting sits at the intersection of law and business. Students can learn about style, organization, process, interpretation, ambiguity, and clarity, but if they don't know the law and understand the deal, the contract will be ripe for litigation. In Buckingham v. Buckingham, 14335 314297/11, NYLJ at *1 (App. Div., 1st, Decided March 19, 2015), a well-known matrimonial lawyer botched the drafting of a prenuptial agreement. As drafted,...
Party Who Could Have Participated in Mediation Not Entitled to Confidential Mediation Information
April 14, 2015
A subcontractor which declined to participate in mediation, but whose claims were impacted by the outcome, was not entitled to obtain any confidential mediation information in related litigation, as it did not meet any of the exceptions to the mediation privilege in Ohio’s Uniform Mediation Act. The appellate court criticized the trial court’s plan to release privileged mediation documents along with non-privileged documents and invite litigants to seek a protective order and “claw back”...
April 14, 2015
A subcontractor which declined to participate in mediation, but whose claims were impacted by the outcome, was not entitled to obtain any confidential mediation information in related litigation, as it did not meet any of the exceptions to the mediation privilege in Ohio’s Uniform Mediation Act. The appellate court criticized the trial court’s plan to release privileged mediation documents along with non-privileged documents and invite litigants to seek a protective order and “claw back”...
