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Fast-Growing Startup Challenges the Legal System
December 20, 2014
An Interview with Mark Deuitch, Founder and CEO of PeopleClaim.com Mike Ragogna: Mark, tell us about PeopleClaim.com....
December 20, 2014
An Interview with Mark Deuitch, Founder and CEO of PeopleClaim.com Mike Ragogna: Mark, tell us about PeopleClaim.com....
Negotiation Tips for the Holidays
December 19, 2014
The holidays are a series of negotiations. Where do we spend the holiday? Who will join us? Whose family recipe will be used for dinner? Most importantly, who will be present? Will my feelings be hurt? Will I hurt feelings? And, why is so and so always so loud or, alternatively, so quiet? So, what tips will help you through the holidays? It’s the stuff that mediators and hostage negotiators do every day. Listen. Really listen. Actively listen. Or, as one former F.B.I. hostage negotiator...
December 19, 2014
The holidays are a series of negotiations. Where do we spend the holiday? Who will join us? Whose family recipe will be used for dinner? Most importantly, who will be present? Will my feelings be hurt? Will I hurt feelings? And, why is so and so always so loud or, alternatively, so quiet? So, what tips will help you through the holidays? It’s the stuff that mediators and hostage negotiators do every day. Listen. Really listen. Actively listen. Or, as one former F.B.I. hostage negotiator...
The Key “Moral” from Stories Mediators Tell
December 19, 2014
Stories reminds us, graphically, that it is the parties who are supposed to be at the center of the process. It also demonstrates that it is the parties who often can be the sources of the most valuable and, sometimes, crucial contributions to the viability of the process. It is the parties, after all, who best understand themselves. They know what they think, feel and need. And sometimes it is the parties who best understand one another – who most accurately identify the agendas, needs, and goals...
December 19, 2014
Stories reminds us, graphically, that it is the parties who are supposed to be at the center of the process. It also demonstrates that it is the parties who often can be the sources of the most valuable and, sometimes, crucial contributions to the viability of the process. It is the parties, after all, who best understand themselves. They know what they think, feel and need. And sometimes it is the parties who best understand one another – who most accurately identify the agendas, needs, and goals...
Part Four: Arbitration in Evolution
December 19, 2014
This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration practice in U.S. and international disputes. This...
December 19, 2014
This is the final installment in Disputing‘s series focused on sections of a research paper entitled, “Arbitration in Evolution: Current Practices and Perspectives of Experienced Arbitrators,” by Pepperdine University School of Law Professor Thomas Stipanowich and Straus Institute for Dispute Resolution Research Fellow Zachary Ulrich. The article fully analyzes the data obtained in a groundbreaking 2013 survey regarding commercial arbitration practice in U.S. and international disputes. This...
The Duty to Preserve Electronically Stored Information
December 18, 2014
As soon as a party is served with a summons and complaint and sometimes sooner, there arises a duty to preserve evidence, including electronically stored information (ESI). This duty requires both counsel and clients to comply with any litigation hold and monitor ongoing compliance efforts. Because spoliation – withholding or hiding evidence – goes to the heart of the litigation process and is not unlike perjury, failing to comply with the duty to preserve has serious consequences. Judges...
December 18, 2014
As soon as a party is served with a summons and complaint and sometimes sooner, there arises a duty to preserve evidence, including electronically stored information (ESI). This duty requires both counsel and clients to comply with any litigation hold and monitor ongoing compliance efforts. Because spoliation – withholding or hiding evidence – goes to the heart of the litigation process and is not unlike perjury, failing to comply with the duty to preserve has serious consequences. Judges...
Part Three: Arbitration in Evolution
December 18, 2014
In Parts One and Two of this series, Disputing focused on portions of “Arbitration in Evolution: Current Practices and Perspectives...
December 18, 2014
In Parts One and Two of this series, Disputing focused on portions of “Arbitration in Evolution: Current Practices and Perspectives...
Mediator’s Proposals? A Story…
December 18, 2014
I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator. I have changed my view. As usual, experience is a great teacher. As is improvisation. Here’s what happened. After several hours of to-ing and fro-ing, and with a still significant gap between them,...
December 18, 2014
I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator. I have changed my view. As usual, experience is a great teacher. As is improvisation. Here’s what happened. After several hours of to-ing and fro-ing, and with a still significant gap between them,...
Empirical Study on International Commercial Mediation
December 17, 2014
In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial...
December 17, 2014
In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial...
Special Masters: How to Make the Best of Both Worlds, Part II
December 17, 2014
OK, so in Part One we all agreed that we need to give people a better choice than the one between a system of civil litigation that does a great job of permitting appeals, but is perceived to be, or is, too cumbersome or expensive to resolve disputes; and a system of arbitration that, one hopes, is cheaper, but does not permit, at least the judicial appeal that parties might wish to have available if the arbitrator gets it “wrong.” So what is the better choice? We’ll start by explaining...
December 17, 2014
OK, so in Part One we all agreed that we need to give people a better choice than the one between a system of civil litigation that does a great job of permitting appeals, but is perceived to be, or is, too cumbersome or expensive to resolve disputes; and a system of arbitration that, one hopes, is cheaper, but does not permit, at least the judicial appeal that parties might wish to have available if the arbitrator gets it “wrong.” So what is the better choice? We’ll start by explaining...
Make the Most of Your Mediation: Effective Negotiations
December 17, 2014
Wouldn’t it be great if at your next mediation your client left satisfied, you felt valued and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome: 1. Bring everything you need to settle completely. Before the mediation, think about what you will need to settle the case in its entirety. Perhaps it is a document, such as a settlement agreement, release of lien, escrow instructions, quitclaim deed or dismissal with prejudice. Maybe it’s your...
December 17, 2014
Wouldn’t it be great if at your next mediation your client left satisfied, you felt valued and the case settled at its best number? Here are five tools lawyers can use to set up such an outcome: 1. Bring everything you need to settle completely. Before the mediation, think about what you will need to settle the case in its entirety. Perhaps it is a document, such as a settlement agreement, release of lien, escrow instructions, quitclaim deed or dismissal with prejudice. Maybe it’s your...
