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So how do leaders shift from lower states of mind to higher states of mind and improve their effectiveness and performance? And how can they help other people in their organizations who tend to default to lower states of mind do the same? We’ve consolidated the best practices into four categories:
Thoughts and feelings. Acknowledge your emotions to reduce their intensity. Allow your thoughts to be transient. Visualize positive images to generate positive feelings. Refocus your attention on different...
Sophisticated clients often demand a mediator’s view of a case, but mediators are generally trained to resist. JAMS International panellist William Wood QC (pictured) explains the dilemma.
Market demand for an external health check on the strengths and weaknesses of a case is evident, and rising. Nevertheless, when a mediator offers an opinion on a case, it can narrow resolution options, and close possible avenues to settlement. Managing this tension is part art and part science, and a key challenge...
Once upon a time some 35 years ago, mediation was talked about in the United States as a tool to cure dissatisfactions with the civil justice system. The great early teachers and scholars of mediation — Frank Sanders, Christopher Moore, Leonard Riskin and others — envisioned a process focused on party autonomy that would allow disputants not merely to resolve an immediate legal problem, but to reorient their personal or business relationships into a productive path. Early mediations were usually...
Professor S.I. Strong, Associate Professor at the University of Missouri School of Law has published “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” University of Missouri School of Law Legal Studies Research Paper No. 2014-28. In her publication, Professor Strong discusses the results of a unique survey designed to assess the role of commercial...
Nothing is more important to negotiation success than getting the other side to say yes. The formal study of this critical aspect of negotiation is called “persuasion science,” and no expert is more accomplished or recognized in this endeavor than Robert Cialdini, professor emeritus of psychology at Arizona State University.
Influence described six principles that accounted for the vast percentage of successful attempts to persuade. These principles, briefly, are as follows:
The Small...
A Financial Industry Regulatory Authority (“FINRA”) arbitration panel has reportedly ordered a Houston-based wealth management company to pay 19 retirees a total of $3.8 million for mismanaging their investment accounts. In the case, a group of former Exxon-Mobil Corporation employees claimed that USCA Capital Advisors LLC mislead them about the company’s investment strategy and performance. The retirees also accused the wealth management firm of breaching its fiduciary duty, omitting important...
As the end of the year rapidly approaches I thought I’d take a look back at some of the momentous events that have shaped the US patent landscape over the last 12 months. With ongoing debate over patent reform, the Supreme Court hearing six patent cases in its last term and what looks like the end of the smartphone litigation wars (or at least the beginning of the end), 2014 has certainly been eventful. Anyway, without further ado, here is my take on the most significant stories to break the stateside.
The...
First-year enrollment at ABA-approved law schools dropped this year to the lowest point since 1973, when there were 53 fewer accredited law schools.
The 204 ABA-accredited law schools enrolled 37,924 full- and part-time first-year students in the fall of 2014, a drop of 4.4 percent from 2013 and a drop of 27.7 percent from the historic high of 52,488 in 2010, according to an ABA press release.
Sixty-four schools reported a drop in first-year enrollment of 10 percent or more since last year....
Start-ups must take privacy, big data and security seriously, says Fernando Bohorquez and Jenna Felz of Baker & Hostetler, in this recent blog post. To demonstrate their point, they refer to the backlash over Uber’s recent privacy faux-pas, such as the trove of information collected about its customers and what the company is doing with it, exactly.
According to the authors, the allegations against Uber piqued the interest of Sen. Al Franken, the chairman of the Senate Judiciary Subcommittee...