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The Importance Of Selecting An Available Arbitration Forum
February 19, 2015
The Eleventh Circuit affirmed a Florida district court’s denial of Cashcall’s motion to compel arbitration, as the forum selected in the parties’ loan agreement was not available. Appellee Abraham Inetianbor initially borrowed $2,600 from Western Sky Financial LLC. He subsequently repaid $3,252.65 to the servicer of the loan, CashCall, over twelve months. Mr. Inetianbor refused to pay a subsequent bill from Cashcall because he believed his financial obligations had been fulfilled. CashCall...
February 19, 2015
The Eleventh Circuit affirmed a Florida district court’s denial of Cashcall’s motion to compel arbitration, as the forum selected in the parties’ loan agreement was not available. Appellee Abraham Inetianbor initially borrowed $2,600 from Western Sky Financial LLC. He subsequently repaid $3,252.65 to the servicer of the loan, CashCall, over twelve months. Mr. Inetianbor refused to pay a subsequent bill from Cashcall because he believed his financial obligations had been fulfilled. CashCall...
Emotional Words Grab Attention, But May Not be Accurately Remembered
February 19, 2015
Using emotion when speaking may get a listener’s attention and make what you’re saying seem more compelling, but those short term gains have long term losses, according to research discussed in ScienceDigest. Emotion helps us recognize words faster and more accurately but in the long term emotionally intoned language is not as accurately remembered compared to neutral speech. When the words are remembered they have an emotional value. For instance words spoken in a sad voice are remembered...
February 19, 2015
Using emotion when speaking may get a listener’s attention and make what you’re saying seem more compelling, but those short term gains have long term losses, according to research discussed in ScienceDigest. Emotion helps us recognize words faster and more accurately but in the long term emotionally intoned language is not as accurately remembered compared to neutral speech. When the words are remembered they have an emotional value. For instance words spoken in a sad voice are remembered...
eDiscovery in Arbitrations
February 19, 2015
The American College of e-Neutrals (ACESIN) and the American Arbitration Association will conduct a training program entitled “Arbitrating in a Digital World – An eDiscovery Course for AAA® Neutrals” in 2015 in Los Angeles on February 19 & 20, Chicago on April 9 & 10, New York on June 11 & 12, and Washington, DC on September 24-25. The training will be conducted by Allison Skinner, A.J. Krouse, and [Peter Vogel]. If you are interesting in signing up for this program please check out this...
February 19, 2015
The American College of e-Neutrals (ACESIN) and the American Arbitration Association will conduct a training program entitled “Arbitrating in a Digital World – An eDiscovery Course for AAA® Neutrals” in 2015 in Los Angeles on February 19 & 20, Chicago on April 9 & 10, New York on June 11 & 12, and Washington, DC on September 24-25. The training will be conducted by Allison Skinner, A.J. Krouse, and [Peter Vogel]. If you are interesting in signing up for this program please check out this...
Fifth Circuit Dismisses For Lack Of Appellate Jurisdiction Appeal Of Order Compelling Arbitration
February 18, 2015
The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other insurance companies. The Fifth Circuit held that the district court’s order was not a final, appealable order within the meaning of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the Federal Arbitration Act. The district court had granted...
February 18, 2015
The Fifth Circuit Court of Appeals has dismissed, for lack of appellate jurisdiction, a district court order granting a motion to compel arbitration filed by Certain Underwriters of Lloyds of London and several other insurance companies. The Fifth Circuit held that the district court’s order was not a final, appealable order within the meaning of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards or the Federal Arbitration Act. The district court had granted...
A Mediator’s Pleas(e)
February 18, 2015
Listed below are one mediator’s pleas(e) for counsel to most efficiently use the mediator and mediation to achieve a resolution. Pleas(e) #1: Consider the attitudinal setting of the mediation – confrontational versus conciliatory. Notwithstanding each party’s belief (at least as expressed to a client) that it has strong, winning arguments, the reality is that the other party also has arguments. Indeed, the opposing party likely has precisely the same view of the case. Because the opposing...
February 18, 2015
Listed below are one mediator’s pleas(e) for counsel to most efficiently use the mediator and mediation to achieve a resolution. Pleas(e) #1: Consider the attitudinal setting of the mediation – confrontational versus conciliatory. Notwithstanding each party’s belief (at least as expressed to a client) that it has strong, winning arguments, the reality is that the other party also has arguments. Indeed, the opposing party likely has precisely the same view of the case. Because the opposing...
Keep Calm and Carry On May Not Always Be the Best Strategy
February 18, 2015
Negotiators are told to keep an even keel when in negotiations, don’t get too excited, down or angry. It should inspire confidence in your client and show the other party you’re in control. But burying that anger may not always help, according to a study discussed in Science Daily. Suppressing anger about important points can cause negotiators to lose focus on important issues, according to Bo Shao of the University of New South Wales in Australia. Though there is much information available...
February 18, 2015
Negotiators are told to keep an even keel when in negotiations, don’t get too excited, down or angry. It should inspire confidence in your client and show the other party you’re in control. But burying that anger may not always help, according to a study discussed in Science Daily. Suppressing anger about important points can cause negotiators to lose focus on important issues, according to Bo Shao of the University of New South Wales in Australia. Though there is much information available...
Technology
February 17, 2015
If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include...
February 17, 2015
If somebody were to ask me (actually somebody did ask me) about the future of conflict resolution, my answer would have to include...
Mediation Advocacy – Countdown to a Successful Mediation
February 17, 2015
Lawyers and mediators sometimes fail to appreciate that a mediation requires as much advance planning and consideration of strategy as a trial. Too often, lawyers (and some mediators) pick up the file a day or two in advance (at best) and wing it, relying on their advocacy skills and smarts to negotiate their way through the mediation day. This approach does not serve the needs of everyone involved. By using the following mediation countdown, everyone will come to the table prepared. Develop...
February 17, 2015
Lawyers and mediators sometimes fail to appreciate that a mediation requires as much advance planning and consideration of strategy as a trial. Too often, lawyers (and some mediators) pick up the file a day or two in advance (at best) and wing it, relying on their advocacy skills and smarts to negotiate their way through the mediation day. This approach does not serve the needs of everyone involved. By using the following mediation countdown, everyone will come to the table prepared. Develop...
Time is “Like-the-Present”
February 17, 2015
There is an old adage, “Why do today what you can put off until tomorrow?” And indeed, many of us do just that because time is a precious commodity of which there is never enough. As a result, we address the issues or tasks that are the most pressing, figuring that we will get to the less pressing ones later when “there is more time.” (We have yet to accept the notion that there will never be enough time!) We are not alone in our thinking. A recent study discussed in the October 3, 2014...
February 17, 2015
There is an old adage, “Why do today what you can put off until tomorrow?” And indeed, many of us do just that because time is a precious commodity of which there is never enough. As a result, we address the issues or tasks that are the most pressing, figuring that we will get to the less pressing ones later when “there is more time.” (We have yet to accept the notion that there will never be enough time!) We are not alone in our thinking. A recent study discussed in the October 3, 2014...
VC Prediction: Apple Will Buy Tesla for $75b in 18 Months
February 16, 2015
For background, there are reports of a massive project at Apple, with hundreds of executives working on an electric minivan. Additionally, an Apple self-driving car has been spotted on the roads. Elon has been very public in saying that in order to complete the mission at Tesla he needs to get the third generation car out. He has also been very public about creating the sexy Roadster for early adopters ($125k, only ~2k produced), the Model S for the early majority ($60k, project hundreds of thousands...
February 16, 2015
For background, there are reports of a massive project at Apple, with hundreds of executives working on an electric minivan. Additionally, an Apple self-driving car has been spotted on the roads. Elon has been very public in saying that in order to complete the mission at Tesla he needs to get the third generation car out. He has also been very public about creating the sexy Roadster for early adopters ($125k, only ~2k produced), the Model S for the early majority ($60k, project hundreds of thousands...
